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(영문) 서울중앙지방법원 2020.01.21 2019가단5060079

구상금

Text

1. As to Defendant B and C’s joint and several liability for KRW 32,849,556 and KRW 32,460,328 among them, Defendant B and C’s joint and several liability for damages incurred to the Plaintiff on August 20, 2019.

Reasons

1. Basic facts

A. On March 10, 2016, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant B (hereinafter referred to as the “credit guarantee agreement of this case”) with the credit guarantee agreement between March 10, 2016 and the period of the credit guarantee agreement between March 10, 2016 and March 9, 2017 (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) According to the credit guarantee agreement of this case, Defendant C jointly and severally guaranteed the obligation to the Plaintiff under the credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, when Defendant B obtained a loan from the Industrial Bank of Korea, the Plaintiff provided a credit guarantee for the above principal and subordinate debt, and Defendant B paid to the Plaintiff the compensation for delay calculated by multiplying the amount of the performance of the guaranteed obligation by the Plaintiff and the amount of damages in accordance with the rate determined by the Plaintiff from the date of repayment to the date of repayment, (1) the expenses incurred in the performance of the guaranteed obligation, (2) the expenses incurred in the performance of the guaranteed obligation, (3) the expenses incurred in the preservation, transfer, exercise of the right acquired through the performance of the guaranteed obligation, and the expenses incurred in the exercise thereof by the rate

3) According to Article 6 of the Credit Guarantee Agreement (Article 6, Paragraph 1 of the Preliminary Reimbursement), when the E Federation violates Article 5 (Obligation to Fulfill Principal Obligations), including information related to arrears, subrogation, substitute payments, and insolvency, information pertaining to information higher than the information on default, information disturbing financial order, and information pertaining to public record, when a cause for registration of information on credit arises, when a foundation receives a notification of the cause for the non-performing credit guarantee or a claim for the performance of a guaranteed obligation from a creditor of credit guarantee under this Agreement and a creditor of other credit guarantee companies, the claims are objectively preserved as the credit situation, other than each of the above subparagraphs,