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(영문) 서울남부지방법원 2016.07.13 2015가단231522
구상금
Text

Defendants are jointly and severally liable for 478,163,650 won and 476,885,127 won among them. From June 19, 2015 to July 31, 2015.

Reasons

Facts of recognition

On July 8, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”). The Defendant Company and the Defendant B agreed to jointly and severally pay the Plaintiff the amount of the guaranteed obligation, delay damages, and the expenses for preserving the claim.

The Korea Exchange Bank extended KRW 585,90,000 to the Defendant Company based on the above credit guarantee agreement on the same day. However, as the Defendant Company lost its interest on March 20, 2015, the Plaintiff subrogatedly repaid the principal and interest of KRW 476,885,127 on June 19, 2015. Accordingly, the balance of the bond preservation expenses is KRW 1,278,523.

The plaintiff's interest rate for delay is 12% per annum.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 10, and the purport of the entire pleadings are as follows. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 478,163,650 won (the amount of subrogated payment KRW 476,85,127 won) and 476,885,127 won of subrogated payment (the amount of subrogated payment KRW 1,278,523), which is the date of subrogated payment, to the plaintiff from June 19, 2015 to July 31, 2015, which is the date of delivery of the complaint in this case, the agreed interest rate of 12% per annum, and damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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