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(영문) 서울동부지방법원 2019.06.27 2018가단141085
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 184,427,554 and KRW 183,564,250 among the Defendants, from August 27, 2018 to October 2018.

Reasons

1. Basic facts

A. On August 30, 2017, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement (hereinafter “instant agreement”) with the Plaintiff, setting the maximum amount of KRW 200,000,000 and the maximum period from August 30, 2017 to August 29, 2019.

B. Under the instant agreement, when the Plaintiff fulfilled a credit guarantee obligation, the Defendant Company agreed to pay damages calculated by multiplying the amount of performance of the guaranteed obligation and the rate set by the Plaintiff from the date of repayment of the guaranteed obligation until the date of repayment of the guaranteed obligation. The Defendant Company agreed to pay damages for delay calculated by multiplying the expenses incurred in the performance of the guaranteed obligation and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation by the rate set by the Plaintiff from the date of payment of each expense until the date of repayment. The said damages for delay rate is ten

C. At the time of the conclusion of the instant agreement, Defendant C jointly and severally guaranteed the obligation under the instant agreement against the Plaintiff by the Defendant Company.

The Defendant Company borrowed KRW 200,00,000 from D (hereinafter “D”) on September 1, 2017 as security a guarantee issued by the Plaintiff in accordance with the instant agreement.

E. Since then, D filed a claim with the Plaintiff for the performance of the credit guarantee obligation due to the loss of the benefit of time, and accordingly, the Plaintiff subrogated for KRW 183,564,250 on August 27, 2018.

F. Pursuant to the instant agreement, the Plaintiff paid 904,100 won for the purpose of preserving the claim for indemnity after subrogation, and collected KRW 40,796 among them.

[Based on the recognition] Defendant Company: Articles 208(3)2 and 150(3)(self-conscept) of the Civil Procedure Act; Defendant C: The fact that there is no dispute; entries in Gap’s evidence Nos. 1 through 5; the purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally paid the amount of 184,427,554 won in total, including the amount of subrogated and expenses (i.e., 183,564,250 won in subrogation) and the amount of subrogated payment of 40,598.

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