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(영문) 서울중앙지방법원 2017.05.12 2016가단5243965
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 41,509,241 and KRW 40,547,081 among them, from September 29, 2016 to January 5, 2017.

Reasons

1. Basic facts

A. On June 16, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) with the guarantee principal KRW 40,00,000, and the guarantee period until June 16, 2016 (hereinafter “instant credit guarantee agreement”).

B. At the time of the above guarantee agreement, Defendant C and D jointly and severally guaranteed the obligation of indemnity against the Plaintiff.

C. According to the credit guarantee contract of this case, when the plaintiff performed the guaranteed obligation under the contract, the defendant A is obliged to pay the plaintiff the amount of subrogation and the damages for delay at the rate determined by the plaintiff from the date of subrogation to the date of full payment of the amount of indemnity. Meanwhile, where the defendant A received the notice of the suspension of current account transactions in the transaction bank, the suspension of the credit guarantee accident, etc., and the notification of the credit guarantee accident, the plaintiff is entitled to indemnify the defendant A and its joint guarantor in advance for the amount guaranteed

On June 16, 201, Defendant A provided a credit guarantee certificate issued by the Plaintiff under the instant credit guarantee contract to the National Bank Co., Ltd. (hereinafter “National Bank”), but borrowed KRW 40,000,000, but did not pay interest due to the aggravation of the financial situation, and lost the benefit of the loan.

E. Accordingly, on September 29, 2016, the Plaintiff subrogated to the National Bank for the Defendant A in the amount of KRW 40,547,081 as the principal and interest of the loan. The remaining subrogation amount is KRW 40,547,081 as the principal and interest of the loan, KRW 187,930 as the principal and interest of the loan, KRW 170,950 as the additional guarantee fee, KRW 170,950 as the additional guarantee fee, and KRW

F. The rate of damages for delay determined by the Plaintiff is 12% per annum from the date of subrogation until the date of payment.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 8 [including branch numbers; defendant D shall provide Gap evidence Nos. 1 (a credit guarantee agreement) and Nos. 7-1 through 4 (joint and several guarantee consultation sheet, joint and several surety guarantee letter, personal credit information, etc.).

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