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(영문) 서울중앙지방법원 2020.05.12 2019가단5043197

구상금 등 청구의 소

Text

1. As to the Plaintiff, Defendant A, B, and C’s joint and several costs of KRW 75,338,780 and KRW 73,943,856, Jan. 31, 2019.

Reasons

1. Basic facts

A. On April 14, 2015, the Plaintiff and the Defendant A entered into a credit guarantee agreement between the Plaintiff and the Defendant A (hereinafter referred to as “the instant credit guarantee agreement”) with a credit guarantee agreement between the said Defendant as a guarantor, and the credit guarantee agreement between April 15, 2015 and April 14, 2016 (the period to April 13, 2017, to October 11, 2018, respectively) (hereinafter referred to as “the instant credit guarantee agreement”). < Amended by Act No. 13173, Apr. 13, 2017; Act No. 15880, Apr. 12, 2018; Act No. 15871, Oct. 11, 2018>

According to the credit guarantee agreement of this case, Defendant B and C jointly and severally guaranteed the obligation of Defendant A to the Plaintiff under the credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, the Plaintiff agreed to provide credit guarantee for the above credit guarantee principal and subordinate debt when Defendant A obtained a loan from Defendant F, and the Defendant A agreed to pay to the Plaintiff damages for delay calculated by multiplying the Plaintiff by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, the amount of performance of the guaranteed obligation, the amount of damages in accordance with the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in preservation, transfer, exercise of the right acquired through the performance of the guaranteed obligation, and the expenses incurred in the execution of the obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, and

3) Defendant A submitted the above credit guarantee statement and borrowed KRW 95,00,000 from F. (B) Defendant A subrogated to Defendant A for the payment of KRW 95,00,000 on October 12, 2018. The occurrence of a credit guarantee accident due to the principal delay on October 12, 2018, and the Plaintiff subrogated to F on January 31, 2019 for the total amount of KRW 73,943,856 (i.e., principal amount of KRW 72,250,00,000).

2. Meanwhile, Defendant A’s additional guarantee fee to be paid to the Plaintiff under the instant credit guarantee agreement is KRW 538,310.