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(영문) 서울동부지방법원 2019.05.17 2018가단134926
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 206,168,278 and KRW 206,166,989 from September 25, 2013 to January 2016.

Reasons

1. Facts of recognition;

A. On December 21, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on a loan granted by Defendant A from an enterprise bank by setting the credit guarantee principal of KRW 205,00,000 and the credit guarantee period from December 21, 2012 to December 20, 2013.

(hereinafter “instant credit guarantee agreement”). (b)

Defendant B and C Co., Ltd (hereinafter referred to as “C”) have jointly and severally guaranteed the obligations of Defendant A to the Plaintiff under the aforementioned credit guarantee agreement on the same day.

C. On December 21, 2012, Defendant A obtained a loan of KRW 205,00,000 from an enterprise bank as security, but there was an accident of credit guarantee that would lose the benefit of time due to delinquency in payment of interest on the loan.

On September 25, 2013, the Plaintiff subrogated to a corporate bank for KRW 206,753,339 (i.e., principal KRW 205,00,000 for interest KRW 1,753,339). On the same day, the Plaintiff recovered KRW 579,610 for Defendant A, and collected KRW 6,740 for February 2, 2015, and the subrogation remainder of KRW 206,16,989 for the amount of recovery, and the amount of finalized damages incurred KRW 1,289 for the amount of recovery.

E. The overdue interest rate determined by the Plaintiff pursuant to the instant credit guarantee agreement is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to the date of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally agreed to claim amounting to KRW 206,168,278 (=amounting to KRW 206,166,989; KRW 1,289; KRW 206,166,989, which is the date of subrogation; KRW 12% per annum from September 25, 2013 to January 31, 2016, which is the date of subrogation; and Defendant A’s next day from August 22, 2018 when the original copy of the instant payment order was served on the Defendant A; Defendant B and C were determined by the Plaintiff until July 31, 2018 when the original copy of the instant payment order was served on the said Defendants.

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