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(영문) 서울중앙지방법원 2015.10.23 2015가합545789
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 301,763,230 and KRW 300,615,210 among the Defendants, from March 5, 201 to August 5, 2015.

Reasons

1. Indication of claim;

A. On November 30, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) on a credit guarantee agreement with respect to the repayment obligation of a loan to be borne by the Nonparty bank, Korea Exchange Bank (hereinafter “Korea Exchange Bank”) upon obtaining a loan from the Nonparty Company, with the credit guarantee agreement between November 30, 2009 and November 29, 2010; issued a credit guarantee agreement to the Nonparty bank; and Defendant B and C jointly guaranteed the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the said credit guarantee agreement.

B. On the other hand, the above credit guarantee agreement provides that when the plaintiff performs the guaranteed obligation to the non-party bank, the defendant company shall pay ① the amount of the guaranteed obligation, ② the expenses for the preservation of the right acquired by the plaintiff due to the performance of the guaranteed obligation, and ③ the damages for delay calculated by the overdue interest rate as determined by the plaintiff from the day following

And from March 5, 2011, the above overdue interest rate determined by the Plaintiff is 11% per annum.

C. However, the Defendant Company received a loan from the non-party bank around the date of the above credit guarantee agreement, but from December 2010, the repayment period for repayment of the loan due to delayed payment of interest and due to delayed payment of interest has arrived. On March 4, 2011, the Plaintiff subrogated the non-party bank to KRW 300,615,210 on behalf of the non-party bank according to the notification of the accident of the non-party bank. On April 5, 2011, the Defendant paid KRW 1,148,020 to the provisional seizure of real estate for the purpose of preserving the claim for reimbursement based on subrogation.

Therefore, the Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 301,763,230 in total and the amount of subrogated payment of KRW 300,615,210 in total and the amount of subrogated payment of KRW 11% per annum as stipulated in the above credit guarantee agreement from March 5, 2011 to August 10, 2015, which is the service date of a copy of the complaint against the Defendants.

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