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(영문) 서울중앙지방법원 2017.04.14 2016가단5099137
구상금 등 청구의 소
Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 87,117,256 and KRW 86,076,455 among them.

Reasons

1. Basic facts

A. On July 7, 2014, the Plaintiff issued a credit guarantee certificate with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the guaranteed principal amount of KRW 85,00,000,00 and the term of guarantee until July 7, 2015 (the extension by July 6, 2016). The Defendant Co., Ltd submitted the said guarantee certificate on July 10, 2014 and received a loan of KRW 100 million from Han Bank, the Plaintiff guaranteed the Defendant Co., Ltd.’s obligation to repay the principal and interest to Han Bank, and the Defendant Co., Ltd guaranteed the Defendant Co., Ltd’s liability for indemnity under the said credit guarantee agreement with the Plaintiff.

B. In concluding the aforementioned credit guarantee agreement, when the Plaintiff and the Defendant Company met the above guaranteed obligation, the Defendant Company paid to the Plaintiff (i) the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and the amount of damages incurred by the Plaintiff from the payment date to the full payment date (17% per annum until December 1, 2010, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015), (ii) additional guarantee fees at the rate calculated by adding 5/100 per annum from the day following the payment date of the guaranteed obligation to the day before the termination date of the guaranteed obligation, and (iii) all incidental obligations, such as legal procedure expenses (provisional payment) paid by the Plaintiff for the performance or preservation of the right by performing the guaranteed obligation.

C. On December 21, 2015, the Defendant Company subrogated to Han Bank for KRW 86,076,455 ( principal amounting to KRW 85,00,000,076,455) on March 17, 2016, as the Plaintiff did not pay the principal and interest of the loan from Han Bank due to delinquency in payment of interest on the loan from Han Bank. Of the legal process costs incurred by the Plaintiff for the preservation, etc. of the claim for reimbursement, the outstanding amount is KRW 1,040,801.

[Ground for recognition] Defendant Company and Defendant B: Each confession Defendant C: The entries in Gap 1 to 11, and the entire purport of the pleading

2. Determination as to claims against Defendant Company and Defendant B

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