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(영문) 서울중앙지방법원 2015.09.09 2014가단5321755
구상금 등 청구의 소
Text

1. As to Defendant A, B, and C’s joint and several liability for KRW 73,516,209 and KRW 9,075,473 among them, Defendant A, B, and C’s joint and several liability for damages to the Plaintiff.

Reasons

1. Determination as to the claim for reimbursement against Defendant A, B, and C

A. The facts under the recognition are deemed to have been led by Defendant A, B, and C pursuant to the main sentence of Article 150(1) of the Civil Procedure Act.

1) The Plaintiff is jointly and severally liable for Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(2) On May 19, 200, each credit guarantee agreement was concluded between the Defendant Company and the 80,750,000 won of the guaranteed principal (the 61,200,000 won was changed) and the term of guarantee was May 18, 2010 (the extension to May 15, 2014), and the 11,200,000 won of the guaranteed principal (the change to KRW 8,960,000) on June 22, 2009, and the term of guarantee was extended to June 21, 2010 (the extension to June 20, 2014) (the 85,00,000,000 won was extended to June 20, 2014), and the Plaintiff lost its principal interest from the 84,000,000,000 won on May 16, 2014).

According to a credit guarantee agreement, the Defendant Company agreed to pay the Plaintiff expenses incurred in the execution, preservation, exercise, and legal procedures of the claim, and the amount of subrogated payment is KRW 1,252,329.

In addition, when a debtor who has been granted a credit guarantee fails to discharge his/her guarantee obligation due to his/her failure to discharge his/her obligation within the given period, the Plaintiff requires the debtor to collect as penalty an amount calculated by multiplying the amount of the debt guaranteed by the Plaintiff, among the obligations guaranteed by the Plaintiff, by the rate calculated by adding 5/100 to the annual rate of guarantee fee prescribed by the board of directors under Article 7(1)1 of the Plaintiff’s Business Manual, the amount of penalty shall be calculated by

The plaintiff's interest rate for delay is 12% per annum since December 1, 2012.

Amount (won) the rate of 161,200,000 for the number of days for which the guarantee number is to be applied (won) shall be 161,20,000.

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