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(영문) 서울중앙지방법원 2014.12.11 2014가합557853
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 581,767,739 and KRW 273,338,010 among them, from May 13, 2014 to 308.

Reasons

Description of Claim

On November 7, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter referred to as the “Defendant Company”) on the guarantee limit of the Defendant Company’s loans to the Korea C&T Bank as of November 7, 2013, with the guarantee limit of KRW 270 million, from November 4, 2013 to February 13, 2014; ② on May 3, 2013, the guarantee limit of the Defendant Company’s loans to the new bank was KRW 3.4 million; and from May 17, 2013 to May 16, 2014, the Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the respective credit guarantee agreement.

In the above credit guarantee agreement, the Defendants decided to pay the Plaintiff the repayment amount of the guaranteed obligation and the damages for delay at the rate determined by the Plaintiff. On the other hand, the rate of damages for delay determined by the Plaintiff is 11% per annum.

The Defendant Company paid the principal and interest of 308,429,729 won to a new bank on February 13, 2014, and on February 19, 2014, as a credit guarantee accident occurred due to delinquency in payment of respective loans to the new bank. On May 12, 2014, the Plaintiff paid the principal and interest of 273,338,010 won to the new bank, and May 20, 2014, respectively.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 581,767,739 (i.e., KRW 273,338,010 ( KRW 308,429,729) and KRW 273,338,010, whichever is the following day of the subrogation for the amount of KRW 303,338,010 from May 13, 2014, and KRW 308,429,729 from May 21, 2014, the following day of the subrogation for the amount of KRW 11% per annum from May 21, 2014 until November 6, 2014, which is the last delivery day of the complaint of this case, and damages for delay calculated by 20% per annum from the next day to the day of full payment.

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

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