logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.03.28 2018가단237766
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 32,821,140 and KRW 32,605,470 among the Defendants, from August 1, 2018 to October 1, 2018.

Reasons

1. Facts of recognition;

A. On August 2, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “Non-Party Co., Ltd.) on August 1, 2014, under which Non-Party Co., Ltd received a corporate general loan from D Co., Ltd. (hereinafter “Non-Party Co., Ltd.”)’s joint branch of D Co., Ltd., and on August 1, 2014, the term of guarantee was August 1, 2014; the amount of individual guarantee, amount of loan KRW 47,00,000; the guaranteed amount was changed to KRW 32,00,000; and the Defendants jointly and severally guaranteed obligations under the instant credit guarantee agreement.

B. On August 1, 2018, the Plaintiff received a claim from the E bank for the performance of guaranteed obligations on the ground that a credit guarantee accident occurred in the non-party company, and subrogated the E bank with total amount of KRW 32,605,470 on behalf of the non-party company.

C. Meanwhile, the Plaintiff and the non-party company determined to pay damages calculated by multiplying the Plaintiff’s performance amount of the Plaintiff’s guaranteed obligation and the amount of damages calculated by multiplying the Plaintiff’s performance amount of the guaranteed obligation when the Plaintiff fulfilled the guaranteed obligation by the rate set by the Plaintiff from the performance date of the guaranteed obligation to the repayment date. The interest rate for delay is set at 10% per annum from February 1, 2016.

In addition, Article 3(3) of the Credit Guarantee Agreement, and when the non-party company fails to perform its principal obligation within the period for performance of the principal obligation, the Plaintiff and the non-party company set the amount of penalty calculated by multiplying the amount guaranteed by the Plaintiff by the rate of 0.5% per annum on the guarantee fee rate set by the Plaintiff with respect to the amount not performed among the amount guaranteed by the Plaintiff. The penalty calculated by the above method is 215,670 won (==32,00,000 x 123/365 x the number of days from March 31, 2018 to July 31, 2018).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The Board;

arrow