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(영문) 서울중앙지방법원 2016.03.11 2015가단5179180
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 236,938,402 and KRW 235,582,289 among the Defendants.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. As the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 208(3)1 of the Civil Procedure Act) was amended on September 25, 2015 and enforced on October 1, 2015, damages for delay calculated at the rate of 15% per annum for the period from the day following the last delivery of the copy of the complaint of this case shall be recognized, and the excess portion shall be dismissed.

1. Issuance and lending of a credit guarantee certificate due to the entrustment of credit guarantee;

A. The Plaintiff issued a credit guarantee certificate due to the entrustment of credit guarantee to the Defendant Company A (hereinafter referred to as the “Defendant Company”) upon the request of the Defendant Company A (hereinafter referred to as the “Defendant Company”) to provide the credit guarantee for the Defendant Company to obtain a loan from a financial institution, and

(A) No. 1-1: Guarantee date of May 4, 2012: 270,00,000 won (256,50,000 won, changed to Gap evidence 1-3): May 3, 2013 ( changed to April 30, 2015, changed to Gap evidence 1-3,4): A bank that loans a loan for corporate ordinary driving capital loan: The Chang-dong branch of a national bank;

B. In a case where the Plaintiff, on behalf of the Defendant, provided the above credit guarantee for the Defendant Company, lost the interest of the Defendant Company due to the delay in repayment of the loan granted by the Defendant Company based on the Plaintiff’s credit guarantee form, and the Plaintiff performed the guaranteed obligation on behalf of the Defendant Company, the Defendant Company entered into a credit guarantee agreement with the Plaintiff to pay the amount of subrogation to the Plaintiff, damages for delay in accordance with the Plaintiff’s interest rate, and other incidental obligations from the date of performance to the date of full payment. The rate of damages for delay from December 1, 2012 to the date of payment.

(No. 3) In addition, with respect to the plaintiff, the defendant B is jointly and severally liable for all the obligations of the defendant company in relation to the above credit guarantee agreement.

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