logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.06.11 2015가단208327
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 70,367,504 and KRW 70,196,432 from January 22, 2015 to April 3, 2015.

Reasons

1. Facts of recognition;

A. On December 18, 2013, the Plaintiff entered into a credit guarantee agreement with the Korea Exchange Bank Co., Ltd. (hereinafter “foreign Exchange Bank”), the loan amount of KRW 87,200,00,000, the guaranteed principal of KRW 69,760,000, and the guaranteed principal on December 17, 2014. The Defendant B jointly and severally guaranteed the Defendant Company’s obligation under the said credit guarantee agreement on the same day. The Defendant Company provided a credit guarantee agreement issued by the Plaintiff on December 18, 2013, and received a loan of KRW 87,20,000 from the foreign Exchange Bank.

B. When the Plaintiff performed the guaranteed obligation at the time of the credit guarantee agreement, the Defendants agreed to pay the amount of performance of the guaranteed obligation, damages for delay in accordance with the interest rate set by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, and expenses incurred in the legal procedure for securing the enforcement of the guaranteed obligation. The interest rate

C. On October 28, 2014, Defendant Company caused a credit guarantee accident because it was unable to repay its loans to a foreign exchange bank.

On January 22, 2015, the Plaintiff subrogated for KRW 70,220,272 to the foreign exchange bank, and thereafter recovered KRW 23,840 from the Defendants, and the amount of final damages for KRW 23,840 recovered by the Plaintiff is KRW 125,00 from the date of subrogation to the date of recovery.

In addition, the Plaintiff spent KRW 354,587 to guarantee the execution of the claim against the Defendant Company, and recovered KRW 183,640 from the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the above recognition, Defendant B, a primary debtor under the credit guarantee agreement of this case, jointly and severally with Defendant B, a joint and several surety, shall pay the Plaintiff the amount of subrogation for which the Plaintiff performed the guaranteed obligation on behalf of the Defendant Company, its delay damages, and its final damages.

arrow