beta
(영문) 서울중앙지방법원 2015.01.28 2014가합535211

구상금

Text

1. Defendant A, B, and C jointly and severally against the Plaintiff KRW 611,549,028 and KRW 530,731,613 among them. < Amended by Act No. 12393, Apr. 2, 2014>

Reasons

1. Basic facts

A. Loan 1) The Plaintiff, on February 24, 2012, is Defendant A Co., Ltd. (hereinafter “Defendant A”).

B) As regards the credit guarantee principal, a credit guarantee agreement was concluded between February 24, 2012 and February 22, 2013 (hereinafter “credit guarantee agreement”) between the credit guarantee principal and KRW 297.5 million, and the credit guarantee period from February 24, 2012 to February 22, 2013.

(2) On the same day, Defendant B and C jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff pursuant to the aforementioned credit guarantee agreement. (2) The Plaintiff issued a credit guarantee agreement with the Industrial Bank of Korea on February 24, 2012 under the first credit guarantee agreement to obtain a loan of KRW 350 million from the Industrial Bank of Korea. The Industrial Bank of Korea extended the above loan to Defendant A at around that time.

3) On February 22, 2013, the Plaintiff extended the credit guarantee period under the first credit guarantee agreement up to February 21, 2014, and extended the said period again on February 20, 2014 by February 17, 2015. (B) On February 27, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A with the credit guarantee principal up to KRW 170 million, the credit guarantee period up to February 27, 2012 from February 27, 2012 to February 26, 2013 (hereinafter “credit guarantee agreement”), and on the same day, Defendant B and C jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff in accordance with the said credit guarantee agreement.

2) On February 27, 2012, the Plaintiff issued to the Industrial Bank of Korea a credit guarantee certificate with the guarantee amount of KRW 170 million for Defendant A to obtain a loan of KRW 200 million from the Industrial Bank of Korea. At that time, the Industrial Bank of Korea extended the credit guarantee period under the 2 credit guarantee agreement on February 22, 2013 to February 26, 2014, and extended the said period by February 20, 2014.