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(영문) 수원지방법원 2020.02.28 2019가단548978
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 33,974,085 and KRW 32,484,205 from June 25, 2004 to September 30, 209.

Reasons

1. Facts of recognition;

A. On August 2, 199, the Plaintiff entered into an agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on credit guarantee (hereinafter “instant agreement”) with regard to loans from Defendant Co., Ltd. (hereinafter “Nonindicted Bank”) by setting the credit guarantee principal of KRW 40,00,000 (in addition to KRW 30,60,000) and the credit guarantee period from August 2, 1999 to August 1, 2000 (the period shall be changed to August 1, 2004).

B. Meanwhile, the instant agreement provides that when the Plaintiff performs a guaranteed obligation to the non-party bank in accordance with the instant agreement, the Defendant Company shall pay to the Plaintiff the amount of money paid by the Plaintiff for the performance of the guaranteed obligation, and the expenses incidental to the legal procedure that the Plaintiff paid to the Plaintiff for the compensation of damages for delay and the expenses incurred in compensating for claims

C. At the time of the conclusion of the instant agreement, Defendant B agreed to jointly and severally guarantee all the obligations owed to the Plaintiff of the Defendant Company under the instant agreement.

Around the time of the conclusion of the instant agreement, the Defendant Company submitted a credit guarantee to the Nonparty bank pursuant to the instant agreement, and borrowed KRW 40,000,000 from the Nonparty bank.

E. However, the defendant company delayed the repayment of the principal and interest of the above loan to the non-party bank, and on June 25, 2004, the plaintiff subrogated to the non-party bank 32,484,205 won of the above loan interest.

F. On March 23, 2009, the Plaintiff filed a lawsuit against the Defendants, E, and F seeking the payment of the principal and interest of the loan repaid by the Plaintiff on behalf of Nonparty Bank pursuant to the instant agreement by Seoul Central District Court 2009Da10449, which was the Seoul Central District Court 2009da1049, such as delayed payment, and expenses incurred in compensating

On October 30, 2009, the above court held that the defendants, E, and F were jointly and severally with the plaintiff KRW 33,026,195.

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