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(영문) 서울중앙지방법원 2016.01.08 2015가합532561
구상금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 272,129,810 and as a result, from April 1, 2015 to May 27, 2015.

Reasons

1. Determination as to the cause of claim

A. On June 13, 2014, the Plaintiff entered into an export credit guarantee agreement between the Defendant A Co., Ltd. (hereinafter “Defendant A”) with a loan-handling institution as the Hannam Industrial Complex Branch Co., Ltd. (hereinafter “Non-Party A”) (hereinafter “Non-Party A”), setting the guarantee limit of KRW 270,000,000, and the guarantee period from June 13, 2014 to June 15, 2015, and the interest rate of delay damages rate of KRW 11% per annum (hereinafter “instant guarantee agreement”). The representative director of the Defendant Co., Ltd. jointly and severally guaranteed the Defendant Co., Ltd’s obligation based on the instant guarantee agreement; the Defendant Co., Ltd borrowed KRW 300,00,000 from the Non-Party Bank as trade financing; the Defendant Co., Ltd lost the interest rate of KRW 300,000 on March 5, 2015; the Defendant Co., Ltd. lost its guarantee obligation between the parties (i. 2000, 20197.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 272,129,810 as well as damages for delay at the rate of 11% per annum from April 1, 2015 to May 27, 2015, which is apparent in the record that the duplicate of the complaint in this case was served on the Defendants from the date following the date of the Plaintiff’s subrogation to the date of delivery to the Defendants; and 20% per annum from the following day to September 30, 2015 under Article 3(1) of the former Enforcement Decree of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015); and 15% per annum from the next day to the date of full payment.

[The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015) was enforced October 1, 2015; and Article 2(2) of the Addenda thereto, among the Plaintiff’s claims, shall be governed by Article 2(2) of the Addenda.

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