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(영문) 서울중앙지방법원 2016.06.09 2016가단5010165
구상금
Text

1. Defendant A, B, C, and D are jointly and severally owned by the Plaintiff in KRW 83,457,475 and KRW 82,745,074 among them.

Reasons

1. Determination as to the claim for reimbursement against Defendant A, B, C, and D

A. 1) Credit guarantee and joint and several sureties A Co., Ltd. (hereinafter “A”)

(B) The Defendant B Co., Ltd. (hereinafter referred to as “B”) with respect to Defendant A’s indemnity obligation under the above credit guarantee agreement, with respect to the two loans extended by the new bank as listed below.

(1) On December 1, 2012, Defendant A’s liability for indemnity against the Plaintiff due to the Plaintiff’s subrogation is 12% per annum. Under the credit guarantee agreement term of Article 1 of the Credit Guarantee Agreement, Defendant B, C, and D’s joint and several liability guarantee amount of KRW 32,50,000,000 in the credit guarantee principal amount of KRW 38,250,000 and KRW 150,000 in the credit guarantee amount of KRW 25,00,000, the performance of the credit guarantee amount of KRW 250,000 in the credit guarantee amount of KRW 15,00,00 in the credit guarantee amount of KRW 25,00,000, KRW 38,250,000 in the credit guarantee amount of KRW 20,000 in the first credit guarantee amount of KRW 15,500,000 in the total credit guarantee amount of KRW 20,500,000.

3. On December 18, 2015, the Plaintiff paid 82,856,459 won in total, including the principal and interest of loan 43,255,684 won, and the principal and interest of loan 39,60,775 won under the second agreement, to the new bank on December 18, 2015, and collected 82,985 won on the date of subrogation repayment, and 28,400 won on December 24, 2015, and the amount of final delay calculated at the rate of 12% per annum from the date of subrogation for each collection to the date of recovery is 27,65 won in total.

On the other hand, the plaintiff is the cost of preserving the above indemnity claim.

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