logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.21 2016가단5138599
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 20,603,903 and KRW 20,603,891 among them.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence of Nos. 1 to 13 (including paper numbers), unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

On August 18, 2014, the Plaintiff entered into an agreement with Defendant A Co., Ltd. (hereinafter referred to as “Korea Co., Ltd.”) and Defendant A to provide a credit guarantee for a pecuniary obligation to be financed and borne by Defendant A Co., Ltd. (hereinafter referred to as “Korea Co., Ltd.”) as of July 18, 2018 by setting the guarantee principal amount of KRW 22,50,000, and the guarantee term as of July 18, 2018, and issued a credit guarantee certificate to Korea on the same day.

Defendant B jointly and severally guaranteed all indemnity obligations against the Plaintiff according to the aforementioned credit guarantee agreement.

on August 18, 2014, 200, 25,000 won of the Gyeonggi-do Support Fund Support Fund was loaned to Defendant A as security.

On February 19, 2016, Defendant A lost the interest of the loans of the Bank on February 19, 2016 by the occurrence of a credit guarantee accident in which the interest of the above loans is overdue.

Applicant, on June 1, 2016, the Plaintiff repaid the above loan principal of KRW 20,640,631 to our bank on behalf of the Defendant A, and collected KRW 36,740 on the same day and appropriated the amount for partial repayment of the subrogated payment, and thus, the Plaintiff’s claim for indemnity against the Defendant A owned by the Plaintiff is KRW 20,603,891 (= KRW 20,603,631 - KRW 36,740) and the recovered amount of KRW 36,740 (= KRW 36,740 x annual 12%).

(v) At the time of the conclusion of a credit guarantee agreement, Defendant A agreed to pay damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogation to the date of repayment when the Plaintiff performed the guaranteed obligation. The rate of damages for delay determined by the Plaintiff is 12% per annum

B. Defendant B, such as a real estate sales contract between Defendant B and Defendant C, is the same as the Defendant C, which was removed on August 18, 2016.

arrow