(영문) 서울남부지방법원 2017.02.09 2016가단215046

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(영문) 서울남부지방법원 2017.02.09 2016가단215046

구상금

Text

1. The defendant is jointly and severally and severally against the plaintiff 108,16,810 won and 100,625,972 won among them.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee contract (hereinafter “each of the credit guarantee contracts of this case”) is referred to as “each of the credit guarantee contracts of this case” as stated in Paragraph (2)(1) of the attached Table as the grounds for the Plaintiff’s claim against B Co.,

On the same day C and the defendant conclude each contract, and on the same day C and the defendant are joint and several sureties (hereinafter referred to as the "joint and several sureties contract of this case") for the plaintiff of the non-party company.

(2) In accordance with the credit guarantee contract, the non-party company received a loan from the national bank. The non-party company did not pay the debt to the national bank, and the plaintiff subrogated in accordance with the credit guarantee contract of this case as stated in paragraph (3) of the attached Table. In accordance with the credit guarantee contract of this case as stated in paragraph (2) of the attached Table No. 2-2, the plaintiff caused the non-party company, C, and the defendant at the interest rate of indemnity claim as stated in paragraph (4) of the attached Table, and the damages for delay as

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, the whole purport of pleading

2. According to the facts found above, the defendant is jointly and severally liable with the non-party company and C to pay 108,116,810 won (i.e., 100,625,972 won additional guarantee fees of KRW 133,150), and 100,625,972 won among them as to the legal procedure costs of KRW 100,625,972, from October 2, 2015 to March 17, 2016, the delivery date of the original copy of the payment order of this case, the rate of damages for delay determined by the plaintiff under each credit guarantee contract of this case, and damages for delay from the next day to 15% per annum under each credit guarantee contract of this case.

3. The plaintiff's claim of this case against the defendant is justified.

참조조문

-소송촉진 등에 관한 특례법

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