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(영문) 서울동부지방법원 2019.07.05 2018가단142132
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 93,239,143 and KRW 92,211,263 among them, Defendant A from July 19, 2018.

Reasons

1. Facts of recognition;

A. On November 16, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A on a loan granted by Defendant A (hereinafter “D bank”) by setting the credit guarantee principal of KRW 90,00,000, and by November 16, 2012 (the extension of the guarantee term until November 10, 2017).

Defendant B guaranteed Defendant B’s debt owed to the Plaintiff on the same day according to the credit guarantee agreement.

(hereinafter “instant credit guarantee agreement”). (b)

Article 10 of the Credit Guarantee Agreement provides that the Defendants shall pay damages for delay calculated by multiplying the amount of the guaranteed obligation, the interest rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, and the amount calculated by the calculation method, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee

The agreed interest rate for delay applicable to each credit guarantee agreement of this case shall be 10% per annum from February 1, 2016 to the date.

C. Defendant A obtained a loan of KRW 90,000,000 from D Bank as security, but there was a credit guarantee accident that would lose the benefit of time due to delinquency in the payment of interest on the loan.

On July 19, 2018, the Plaintiff subrogated to the D Bank for KRW 92,211,263 (principal principal KRW 90,000,000, interest KRW 2,211,263). The legal procedure cost incurred by the Plaintiff in order to compensate for the claim for reimbursement amount was KRW 439,80, and the additional guarantee fee related to the instant credit guarantee agreement accrued to KRW 58,08,00.

[Ground of recognition] Facts without dispute, Gap evidence 1-7, Gap evidence 2-2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are the defendants.

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