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(영문) 부산지방법원 2016.07.20 2015가합40626
구상금
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 201,928,135 and KRW 201,064,664 among them.

Reasons

1. Facts of recognition;

A. (1) On August 30, 2010, the Plaintiff entered into a credit guarantee agreement of this case) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) As to the Defendant’s credit guarantee agreement with a view to guaranteeing the performance of the obligation to repay loans of KRW 300 million, which the Defendant Company will receive from the former branch of the National Bank (hereinafter “instant credit guarantee agreement”) on August 29, 2011, setting the guaranteed principal amount of KRW 255 million and the term of the guarantee (which shall be extended until August 29, 2014) (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, Defendant B and C concluded a contract on the same day, and Defendant B and C jointly and severally guaranteed the obligation of the Plaintiff under the credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation of the Defendant Company, the Defendant Company, Defendant B and C shall pay to the Plaintiff the amount of the guaranteed obligation and the damages for delay and penalty calculated by multiplying the amount of the guaranteed obligation of the Plaintiff by the rate prescribed by the Plaintiff (12% per annum from December 1, 2012

3) On August 30, 2010, the Defendant Company received a loan of KRW 300 million from the subordinate branch office of the National Bank (hereinafter “instant loan”) as security (hereinafter “instant loan”).

(B) B. (1) On July 21, 2014, the Defendant Company caused an accident of guaranteeing the repayment of the instant loan due to provisional attachment at the Defendant Company’s place of business. Based on the credit guarantee agreement, the Plaintiff subrogated for KRW 255,034,232 out of the instant loan (= principal amount of KRW 255,000,000) around October 14, 2014.

2) Meanwhile, on October 28, 2014, the Plaintiff recovered KRW 53,969,568 from the amount of subrogated payment to appropriate it to the principal of subrogated payment, and then appropriated it to the principal of subrogated payment. The current amount of subrogated principal is KRW 201,064,664, and the fixed damages for delay for delay in the amount of recovery are KRW 266,151, and the amount of penalty for attempted payment is KRW 597,320.

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