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(영문) 서울중앙지방법원 2016.05.03 2015가합564575
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 263,162,667 and KRW 262,786,020 among them.

Reasons

1. Facts of recognition;

A. Conclusion of a credit guarantee agreement and joint and several sureties 1) The Plaintiff Company A (hereinafter “Defendant A”).

(2) The credit guarantee agreement of this case (hereinafter referred to as “each of the credit guarantee agreements of this case”) as described below.

(2) Defendant A and Defendant B jointly and severally guaranteed all obligations owed to the Plaintiff pursuant to each credit guarantee agreement in this case. The contents of each credit guarantee agreement in this case from January 14, 2015 to January 13, 2016, respectively, are as follows: (a) the guarantee principal of the guarantee principal on the date of concluding the contract is the guarantee principal; (b) the guarantee principal of the guarantee principal is the principal of the guarantee principal; (c) the guarantee principal of the guarantee principal from January 14, 2015 to January 13, 2016; and (d) the content of each credit guarantee agreement in this case from April 24, 2015 to April 22, 2016, as one bank loan guarantee 200 to April 24, 2015, the Defendant A pays to the Plaintiff the amount of subrogation and the interest rate calculated by 12% per annum as determined by the Plaintiff; and (d) the expenses incurred in the performance of the guarantee, compensation, transfer of rights, and exercise of rights.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A provided each credit guarantee agreement of this case, and received loans from Han Bank as KRW 262,786,020,020,000 from January 15, 2015, and KRW 18,000,000,000 from April 24, 2015, respectively. 2) the occurrence of a credit guarantee accident due to delinquency on or around June 25, 2015, the Plaintiff subrogated to Han Bank as of September 18, 2015 under each credit guarantee agreement of this case, and collected KRW 1,636,040 from Defendant A on the same day, and collected KRW 262,786,020 as of the date of subrogation under each credit guarantee agreement of this case (=264,42,060,060 - 1,636,040,040).

The Plaintiff paid KRW 376,110 to the cost of preserving the claim, and as above, the final delay in the amount recovered from Defendant A is KRW 537.

As a result, the Plaintiff currently has a claim for indemnity amounting to KRW 263,162,667 against Defendant A (=262,786,020, the amount of subrogated payment of KRW 376,110, the amount of subrogated payment of KRW 537).

hereinafter referred to as "the amount of indemnity of this case".

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