logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.19 2014나18505
구상금 등
Text

1. The part of the judgment of the court of first instance against the defendant in excess of the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) On September 25, 2009, the Plaintiff co-defendant A (hereinafter “A”) of the first instance court, who operated a business of furniture for young children with the trade name “D” (hereinafter “A”).

B) As regards a loan obligation to be borne by A from a national bank, a credit guarantee agreement between A and B, setting the guarantee amount of KRW 25,500,000 as well as the term from the same date to September 24, 2014, providing that the Plaintiff guarantees the above loan obligation (hereinafter referred to as “credit guarantee agreement”).

(2) On November 23, 2010, the Plaintiff entered into a credit guarantee agreement with A to guarantee the above loan obligations (hereinafter referred to as “the second credit guarantee agreement”) and issued a credit guarantee agreement to A with respect to the loan obligations to be borne by A as a loan from the Korea Cmat Bank.

B. According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation due to the Plaintiff’s nonperformance of the obligation for the loan, A agreed to reimburse the Plaintiff’s subrogated payment and its delay damages, penalty, guarantee fee, expenses, etc. at the rate determined by the Plaintiff (12% per annum from December 1, 2012 to the date of closing the argument in this case) and B jointly and severally guaranteed this.

C. A, based on each of the above credit guarantee agreements, borrowed 27,000,000 won from the National Bank, and 30,000,000 won from the Korea Cmat Bank respectively, but on April 15, 2013, A lost its interest due to its closure.

1) The Plaintiff’s total amount of KRW 23,182,040 in the National Bank on May 31, 2013 (i.e., principal amount of KRW 22,950,000, KRW 232,040, the same year

7.3. Payment by subrogation of the principal amounting to KRW 18,330,302 (=interest of KRW 18,000,000) on behalf of the Korea C&T Bank.

2 The Plaintiff’s 87,520 won on May 31, 2013 in relation to the 1st credit guarantee, and the same year.

7.3. 56,500 won shall be recovered, respectively, and as of August 12, 2013.

arrow