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(영문) 인천지방법원 2019.10.16 2019가단202114
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 266,482,02 and KRW 257,834,418 from December 20, 2018 to January 20, 2019.

Reasons

1. Facts of recognition;

A. On April 16, 2014, the Plaintiff entered into a credit guarantee agreement with Non-Party C Co., Ltd. (hereinafter “Non-Party C”) by setting the coverage amount of KRW 285,00,000,000, and the term of guarantee on April 15, 2015 (up to April 12, 2019) (hereinafter “the instant credit guarantee agreement”). The Defendants jointly and severally guaranteed the liability for indemnity that the Non-Party Company would have to pay to the Plaintiff according to the instant credit guarantee agreement.

B. The non-party company obtained a loan of KRW 300,00,000 from the Industrial Bank of Korea by using the instant credit guarantee agreement, and on July 24, 2018, the interest arising from a credit guarantee accident was lost, and the Plaintiff subrogated the Industrial Bank of Korea for KRW 257,834,418 on August 30, 2018.

C. According to the credit guarantee agreement of this case, where the Plaintiff performs the guaranteed obligation under the credit guarantee agreement, the principal obligor and the joint guarantor shall be the Plaintiff; ① the amount of the performance of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment; ② the expenses incurred in the performance of the guaranteed obligation; ③ the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation; ④ the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc.; ④ the rate for delay determined by the Plaintiff as to the subrogated amount is 10% per annum; and the amount of the provisional payment made by the Plaintiff for the preservation of the indemnity claim is 7,973 won per annum from August 30, 2018 to December 19, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally held to the Plaintiff KRW 266,482,022 (i.e., substitute payment of KRW 257,834,418 in substitute payment of KRW 735,973 in substitute payment of KRW 7,911,631 in substitute payment of KRW 257,834,418 in substitute payment of KRW 257,834,418.

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