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(영문) 서울중앙지방법원 2014.11.28 2013가합533348

구상금등

Text

1. The Defendants jointly and severally agreed with the Plaintiff regarding KRW 259,88,185 and KRW 257,909,498, out of the above amounts. < Amended by Act No. 11383, Mar. 25, 2013>

Reasons

In fact, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement with the Plaintiff under the joint and several sureties of Defendant B and C with the following contents and received a credit guarantee certificate from the Plaintiff:

According to the credit guarantee agreement on March 11, 2006, March 10, 2006, KRW 127,500,000 ( March 8, 2013) and May 26, 2008, E on May 25, 2009 ( December 6, 2013), KRW 176,00,000 on January 8, 2009, KRW 150,000,000 on January 7, 2010 ( January 4, 2013) under the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendants paid the amount of the guaranteed obligation to the Plaintiff and the expenses incurred by subrogation at the rate of 150,00,000,000 (141,750,000,000) and the expenses incurred by subrogation after the date of performance of the guaranteed obligation to the Plaintiff (21.21).

The Defendant Company borrowed 570,000,000 won (i.e., guarantee number D 150,000,000 won E 220,000,000 won (i.e., guarantee number 200,000,000) from the Industrial Bank of Korea as collateral, however, lost the benefit of time due to bad performance of national taxes, etc. on November 22, 2012. On March 25, 2013, the Plaintiff subrogated for the Industrial Bank of Korea for the total amount of KRW 429,486,281.

As of March 24, 2013, 259,88,185 won (i.e., unrepaid amount of KRW 257,909,498) (i.e., unrepaid amount of KRW 1,195,227).

【Based on the above-mentioned facts, the defendants are jointly and severally liable to pay to the plaintiff the amount of unpaid reimbursement, etc. according to the above-mentioned facts as to the entries in the evidence Nos. 1 through 7 (including the number of branches) and the grounds for the entire purport of the pleading.

In conclusion, the Defendants jointly and severally pay to the Plaintiff the total amount of KRW 259,88,185 and the amount of KRW 257,909,498 of the amount of reimbursement, which is the next day following the subrogation, as well as a copy of the instant complaint from March 25, 2013.