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(영문) 부산지방법원 2017.03.28 2016가단327309
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 33,870,632 and KRW 33,107,953 from June 28, 2005 to June 2006.

Reasons

Basic Facts

On April 1, 2004, Defendant A Co., Ltd. (hereinafter “Defendant A”) provided a credit guarantee for the principal and interest of a loan to be borne by obtaining a loan from the Busan Bank, and Defendant B, C, and E provided a joint and several guarantee for the obligation of Defendant A to the Plaintiff according to the above credit guarantee agreement.

After receiving a loan from the Busan Bank, Defendant A delayed the repayment of the principal and interest of the loan, and on June 28, 2005, the Plaintiff subrogated for KRW 35,509,006 to the Busan Bank.

The plaintiff filed a lawsuit against the defendants against Busan District Court 2006Kadan39306, which states that "the defendants jointly and severally paid to the plaintiff 35,839,686 won and 35,509,006 won among them shall be 17% per annum from June 28, 2005 to June 29, 2006, and 20% per annum from the next day to the day of full payment," and the above judgment became final and conclusive around that time.

[Ground for recognition] between the plaintiff and the defendant A, B: The statement of confession (Article 150 (3) and (1) of the Civil Procedure Act), the plaintiff and the defendant C, and E: The plaintiff, on May 10, 2007, made payment of KRW 2,401,053 among the legal procedure costs, additional guarantee fees, and the amount of subrogated payment by the defendants on May 10, 2007, and 33,107,953 (=35,509,06 - 2,401,053) and the remaining amount of subrogated payment (2,401,053 won) and damages for delay calculated at the rate of 17% per annum from June 28, 2005 to May 10, 2007.

According to the above facts, the defendants shall jointly and severally pay to the plaintiff KRW 33,870,632 (=33,107,953 Won 762,679) and KRW 33,107,953 from June 28, 2005 to June 29, 2006, KRW 17% per annum from the next day to September 30, 2015, and KRW 20% per annum from the next day to September 30, 2015.

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