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(영문) 서울중앙지방법원 2015.06.19 2013가단5109828

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 96,475,370 and KRW 96,211,447 among them. < Amended by Presidential Decree No. 24805, Feb. 19, 2013>

Reasons

1. Determination as to the cause of claim

A. On June 30, 201, 201, June 30, 2011, the guarantee term (the extension of the guarantee term) the guarantee term (amount of loan) of the lending bank (amount of loan) the guarantee term of the lending date (amount of loan 95,000,000 on June 30, 201) of the lending bank (amount of loan 95,000,000, June 28, 2013) the Plaintiff (hereinafter referred to as C) on July 28, 2010, 2010. < Amended by Presidential Decree No. 22190, Jun. 28, 2013>

(B) have entered into a guarantee agreement with respect to a loan obligation to the Korea Cmat Bank (hereinafter referred to as the “instant credit guarantee agreement”).

(2) The Defendants jointly and severally guaranteed the obligation to be borne by C to the Plaintiff on June 28, 2013. (2) The Defendants jointly and severally guaranteed the obligation to be borne by C.

3) On February 19, 2013, the Plaintiff subrogated for the loan principal and interest amounting to KRW 96,650,657 on February 19, 2013. The Plaintiff recovered KRW 439,210 on the same day, and the amount of subrogation is KRW 96,211,447. 4) The amount of finalized damages that C shall pay to the Plaintiff according to the credit guarantee agreement of this case is KRW 143,00,000, and the credit preservation expenses are KRW 263,780.

The overdue interest rate applied after December 1, 2012 is 12% per annum.

[Reasons for Recognition] Defendant A: Each entry (including paper numbers) in Gap evidence Nos. 1-7 and the purport of the whole pleadings

B. According to the above facts, the Defendants, a joint guarantor, are jointly and severally liable to pay to the Plaintiff 96,475,370 won (i.e., the amount of 96,211,447 won plus 263,780 won) and the amount of subrogation 96,211,47 won, which is the date of subrogation, to the Plaintiff, 12% per annum, which is the overdue interest rate from February 19, 2013 to October 28, 2013, which is the date of final delivery of the copy of the complaint of this case, and the amount calculated by 20% per annum from the following day to the date of full payment.

2. Determination as to Defendant B’s assertion

A. Defendant B resigned from the position of the representative director of C around July 201, and Defendant A, a real manager, was appointed to the representative director.

C-.