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(영문) 서울동부지방법원 2016.11.18 2016가단134427
구상금
Text

The Defendants jointly and severally against the Plaintiff KRW 85,878,622 and KRW 85,878,442 from April 27, 2016.

Reasons

Facts of recognition

On October 26, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a guarantee limit of KRW 85 million, and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) provided a credit guarantee agreement with the Defendant Co., Ltd. to pay back the loans that it received from the National Bank Co., Ltd. (hereinafter “National Bank”) in lieu of the above obligations if the Plaintiff is unable to repay the loans. In the event that the Plaintiff paid the above loans by subrogation, the Plaintiff paid the above loans on behalf of the Plaintiff, and the Defendant provided a credit guarantee agreement with the Defendant Co., Ltd. (the amount calculated by multiplying the above loans by the rate and calculation method set by the Plaintiff from the date of repayment to the date of repayment as to the repayment of the guaranteed amount) and ③ delay damages (the repayment of the guaranteed amount by

On October 26, 2011, Defendant B and C jointly and severally guaranteed all obligations owed to the Plaintiff by the Defendant Company to the Plaintiff.

The defendant company submitted the credit guarantee letter to the national bank around that time and borrowed KRW 100 million from the national bank as a loan for the general corporate driving fund.

Since then, the Defendant Company failed to repay the above loans, the Plaintiff paid KRW 86,537,942 to the National Bank on April 27, 2016 in accordance with the above credit guarantee agreement.

The Plaintiff was reimbursed KRW 659,500 from the Defendant Company on April 27, 2016, and the amount of finalized damages incurred from the aforementioned recovery is KRW 180.

The rate of damages for delay after February 1, 2016 determined by the Plaintiff is 10% per annum.

[Grounds for recognition] Gap 1-6's descriptions and the purport of the whole pleadings.

Judgment

According to the above facts, the Defendants jointly and severally paid 85,878,622 won (i.e., the amount of subrogation 86,537,942 won - the amount of subrogation 659,500 won - the amount of subrogation 180 won) and the remaining amount of subrogation 85,878,442 won (=the amount of subrogation 86,537,942 won - the amount of subrogation 659,500 won) as of April 27, 2016.

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