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(영문) 서울중앙지방법원 2016.08.09 2015가단5207320
구상금
Text

1. The Plaintiff:

A. As to KRW 33,700,252 and KRW 33,098,750 among them, Defendant A Co., Ltd., from July 5, 2013 to KRW 33,098,750.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company on July 12, 2010 (hereinafter “the instant credit guarantee agreement”) under the credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”), and provided a credit guarantee agreement between the Defendant Company and the Defendant Company on July 12, 2015 (hereinafter “the instant credit guarantee agreement”). The Defendant Company provided a credit guarantee for the principal and interest obligation that the Defendant Company received from our bank.

B. According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company paid to the Plaintiff all incidental obligations, such as the amount subrogated by the Plaintiff, damages after the date of performance, additional guarantee fees, and other legal procedure costs incurred by the Plaintiff.

According to the instant credit guarantee agreement, when the Plaintiff performed a guaranteed obligation, the Defendant Company paid damages for the amount of subrogated payment at an interest rate set by the Plaintiff after the date of performance. From April 20, 2010 to April 28, 2015, the agreed damages rate for the Plaintiff is 15% per annum from April 29, 2015, and 12% per annum from April 29, 2015.

C. Upon entering into the instant credit guarantee agreement, Defendant B jointly and severally guaranteed the amount of KRW 13,00,000 among the obligations owed by the Defendant Company to the Plaintiff.

C, the representative of the defendant company, was jointly and severally guaranteed the indemnity liability owed by the defendant company to the plaintiff.

Defendant Company lost the benefit of time due to delayed payment of principal on January 15, 2013, but did not pay the principal and interest of the loan.

On July 5, 2013, the Plaintiff repaid 35,382,336 won of the principal and interest of loans under credit guarantee to our bank on behalf of the Defendant Company, and thereafter recovered 2,283,586 won and appropriated it for the amount of subrogation, and then appropriated it for the amount of subrogation, the amount of subrogation is 33,098,750 won.

With respect to the amount of subrogated payment collected by the plaintiff as a result of the recovery of part of the amount subrogated, the amount of damages for delay shall be calculated according to the above rate from the date of subrogation to the date of recovery.

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