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(영문) 서울중앙지방법원 2017.04.14 2016가단5177334
구상금 등 청구의 소
Text

1. Defendant A and B, jointly and severally, jointly and severally against the Plaintiff KRW 46,949,346 and KRW 45,797,876 among the Plaintiff, respectively, shall be from July 8, 2016 to September 8, 2016.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and the Plaintiff’s subrogation 1) on December 28, 201, with Defendant A and the guaranteed principal of KRW 50,00,000,000, and the term of guarantee on December 28, 2012 (the amount of KRW 45,00,000,000, and the term of guarantee changed to April 28, 2016) (hereinafter the instant credit guarantee agreement) (hereinafter referred to as the “credit guarantee agreement”).

(2) At the time of the credit guarantee agreement of this case, Defendant A received a loan of KRW 50,00,00 from the Bank on January 6, 2012 from the Plaintiff as a collateral, with the credit guarantee agreement of this case: (i) when the Plaintiff performed a guaranteed obligation under the credit guarantee agreement of this case, Defendant A paid the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation of this case, and the rate of damages from the date of payment to the date of full payment (17% per annum from December 1, 2010 until December 1, 201, 14% per annum from December 2, 2010 to May 31, 2015, and 12% per annum from June 1, 2015).

3) As Defendant A’s wife, Defendant A jointly and severally guaranteed Defendant A’s indemnity liability against the Plaintiff under the instant credit guarantee agreement. 4) After that, due to the aggravation of financial standing, Defendant A fell into a natural body situation after February 6, 2016, and eventually caused the credit guarantee accident that is due to the loss of the benefit of time on March 8, 2016.

On July 8, 2016, the Plaintiff subrogated to the Bank for 45,797,876 won (the principal of the loan plus interest KRW 45,00,000).

5. The additional guarantee fee under the credit guarantee agreement of this case is KRW 181,230, and the plaintiff paid for the purpose of preserving the claim for reimbursement.

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