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(영문) 서울중앙지방법원 2015.01.21 2013가단5031482
구상금
Text

1. Defendant C and Defendant D Co., Ltd. are jointly and severally liable to the Plaintiff Credit Guarantee Fund for KRW 19,861,639 and among them 19,789.

Reasons

1. Basic facts

A. On October 12, 201, Plaintiff Credit Guarantee Fund issued a credit guarantee certificate with a maturity of 24,00,000, and from November 22, 2006 to November 21, 2007, in order to guarantee the principal and interest of loans from the Industrial Bank of Korea. Meanwhile, as the above credit guarantee condition changes over several times, the term of the credit guarantee was changed up to November 19, 201, and the term of the guarantee was changed up to November 2, 2010. 2) The Plaintiff paid the Plaintiff Credit Guarantee Fund the remainder of the guarantee obligation at the rate determined by the Plaintiff Credit Guarantee Fund as well as the calculation method, damages acquired from the performance of the guaranteed obligation, and expenses incurred from the performance of the guaranteed obligation to compensate for the rights acquired from the performance of the guaranteed obligation, and the repayment period of the Plaintiff’s principal obligation to the Defendant Credit Guarantee Fund under the agreement to pay the remainder of the guarantee obligation to the Defendant Credit Guarantee Fund for the remainder of the guarantee obligation.

B. A’s credit guarantee accident and subrogation (1) on November 2, 2011, when a credit guarantee accident occurred as a result of loss of the benefit of the loan due to the due diligence, the said bank notified the Plaintiff Credit Guarantee Fund of the credit guarantee accident and filed a claim for the performance of the loan obligation. Accordingly, on December 29, 2011, the Plaintiff paid 21,932,344 won of the principal and interest of the relevant bank by subrogation but claimed 2,143,230 won by subrogation, and appropriated 19,789,114 won (i.e., 21,932,344 won - 2,143,230 won, and the amount of subrogation was 22,825 won, penalty, 49,700 won.

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