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(영문) 서울중앙지방법원 2018.04.25 2017가단5183763
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 80,560,751 won and 12% per annum from August 14, 2017 to October 13, 2017.

Reasons

1. Facts of recognition;

A. On September 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as indicated in the grounds for the claim, and Defendant B jointly and severally guaranteed all obligations owed by the Defendant Co., Ltd. under the said credit guarantee agreement.

B. On September 15, 2014, Defendant Company received a loan of KRW 150,00,000 from a bank as collateral with the Plaintiff’s credit guarantee certificate, but failed to repay the loan as stated in the attached Form, and the Plaintiff paid the loan amount of KRW 80,560,751 on August 14, 2017.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of the whole pleadings]

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 80,560,751, as well as damages for delay calculated at the rate of 12% per annum, which is the agreed damages rate, from August 14, 2017 to October 13, 2017, which is the last delivery date of the copy of the complaint in this case, and from the following day to the date of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

3. Conclusion, the plaintiff's claim of this case is justified and accepted.

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