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(영문) 서울중앙지방법원 2016.07.22 2013가합509109

구상금 등 청구의 소

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from November 30, 2012, for KRW 253,706,784 and KRW 251,789,07 among them.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the statements in Gap evidence 1 to 6 (including each number), Gap evidence 7-2 to 10, Eul evidence 1, and the purport of the whole arguments as a result of the inquiry and reply to the head of the Yang-si in this Court.

1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into each credit guarantee agreement of this case

(A) The credit guarantee agreement with the following terms and conditions (hereinafter referred to as “each of the credit guarantee agreements in this case”).

A) Upon concluding a credit guarantee agreement, the Defendant Company issued a credit guarantee certificate to the Defendant Company, and provided a credit guarantee within the scope of the following credit guarantee with respect to the principal and interest to be borne by the Defendant Company by receiving a loan from the National Bank. G, the representative director of the Defendant Company, guaranteed the Defendant Company’s obligation to the Plaintiff under the said credit guarantee agreement. On July 8, 2009, the amount of the loan covered by the guarantee number guarantee term amount per annum 130,000,000 won on July 7, 2010 (the extension as of July 5, 2013), each of the above credit guarantee amount of KRW 120,000,000 on January 14, 201, KRW 150,000 on January 13, 201 (the extension as of January 14, 201) and each of the above credit guarantee amounts of KRW 10,000,000 on January 14, 2015).

(3) The Plaintiff and the Defendant Company: (a) with respect to the scope of repayment to the Plaintiff when the Plaintiff performed the guaranteed obligation to the lending bank in accordance with each of the credit guarantee agreements in this case; (b) the amount of repayment to the Plaintiff; (c) the rate of 15% per annum from June 1, 2005 to November 30, 2012; (d) the amount calculated by the rate of 12% per annum from the next day to the closing day of the argument in this case; (c) the expenses incurred in the performance of the guaranteed obligation; (d) the expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation; and (e) the expenses incurred in the preservation, transfer