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(영문) 서울중앙지방법원 2016.08.11 2016가단5012826
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 101,873,346 and KRW 101,837,460 from February 28, 2015 to August 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into a housing credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A as a credit guarantee principal of 98,120,000 won on December 31, 2012, and from February 12, 2013 to March 25, 2014 (the alteration from February 2, 2015 to February 2, 2015), and at the time, Defendant B (hereinafter “Defendant A”) provided joint and several liability obligations to Defendant A under the instant credit guarantee agreement.

B. Defendant A issued a credit guarantee agreement of this case on December 31, 2012, and submitted it to the Bank and received a loan of KRW 98,120,000 from the Bank.

C. At the time of the instant credit guarantee agreement, the Defendants agreed to reimburse the Plaintiff’s performance of the guaranteed obligation under the instant credit guarantee agreement, such as the amount, delay damages in accordance with the interest rate determined by the Plaintiff, expenses required for the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance

On November 21, 2014, Defendant A lost the benefit due to the delay of the principal and interest of loans. On February 27, 2015, the Plaintiff subrogated to the Bank for the total amount of KRW 101,848,110 (i.e., principal amount of KRW 98,120,000, KRW 3,280,160, KRW 447,950), and in relation thereto, the Plaintiff incurred KRW 406, KRW 35,480, additional guarantee fees.

After that, the Plaintiff appropriated 10,650 won, including guarantee fee and refund, for partial repayment of the amount of subrogated payment, and remains 101,837,460 won under the credit guarantee agreement of this case (=1,848,110 won - 10,650 won).

E. The Plaintiff’s interest rate for delay is 12% per annum from February 28, 2015 to August 31, 2015, and 8% per annum from the following day.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition, Defendant A.

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