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(영문) 인천지방법원 2019.07.10 2019가단228673
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 383,570,866 and KRW 381,021,369 among the Defendants, from March 15, 2019 to April 15, 2019.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “debtor Co., Ltd.”) on December 5, 2014. On December 5, 2014, the term of guarantee is 300,000,000 won for industrial operating loans from the Korea Development Bank and 100,000,000 won for the obligor company to obtain a loan from the Korea Development Bank (hereinafter “debtor”) and 100,000,000 won for the guaranteed amount (285,000,000 won) and 10,000,000 won for the guaranteed amount (90,000,000 won), and the term of guarantee is 10,000 on December 4, 205 (the later extension). If the Plaintiff fulfilled the guaranteed obligation, each Defendant Co., Ltd shall pay to the Plaintiff for an additional amount of subrogation, guarantee fee for delay, additional agreement on the indemnity amount determined by the Plaintiff from the date including the date on which the reimbursement was made, and each Defendant Co., Ltd. (17.

(hereinafter “instant credit guarantee agreement”). (b)

Under the credit guarantee agreement of this case on December 15, 2014, the debtor company received a loan of KRW 300,000,000 from the Korea Development Bank and KRW 100,000,000 from the Korea Development Bank on December 1, 2018, the debtor company lost the benefit of each credit extended to the Korea Development Bank on December 1, 2018, and the plaintiff subrogated the debtor company to the Korea Development Bank for the total amount of KRW 381,021,369, in accordance with the credit guarantee agreement of this case on March 15, 2019.

C. As of March 15, 2019, the debtor company and the Defendants, as of March 15, 2019, bear the liability of indemnity amounting to KRW 383,570,866, the sum of the subrogated amount ( KRW 289,567,80, KRW 91,453,561), the aggregate of additional guarantee fees ( KRW 1,923,270, KRW 1,461,69, KRW 690, KRW 461,580), and the substitute payment amounting to KRW 626,227, and the Plaintiff bears the liability of indemnity amounting to KRW 383,570,866, the agreed rate under the credit guarantee agreement in this case from February 1, 2016 to that date.

[Grounds for recognition] If there are evidence Nos. 1 through 8, the number shall be the number.

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