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(영문) 서울중앙지방법원 2014.12.12 2013가합558415

구상금

Text

1. The Plaintiff:

A. The defendant A, B, and C are jointly and severally 409,704,775 won and 146,581,998 won among them.

Reasons

1. The following facts are recognized as either of the parties to a dispute, or acknowledged as being based on Gap evidence Nos. 1 to 7 (including each number; hereinafter the same shall apply) and the results of the order to submit financial transaction information to the Nonghyup Bank of this Court, as a whole, of the arguments.

A. (1) A, including the conclusion of a credit guarantee agreement, is a credit guarantee agreement between the Plaintiff and the Plaintiff on December 12, 2005 (hereinafter referred to as the “credit guarantee agreement of this case”) between the Defendant A and the period from December 12, 2005 to December 11, 2007 (the period from December 12, 2005 to December 6, 2013).

Defendant B and C (hereinafter referred to as “C”)

(2) Around October 27, 2011, Defendant C entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between the Plaintiff and the Plaintiff with respect to all the obligations to be borne by the Plaintiff under the instant credit guarantee agreement, between October 27, 201, and between October 27, 201 and October 26, 2012 (hereinafter “instant credit guarantee agreement”). Defendant A, B, and D jointly and severally guaranteed all the obligations to be borne by Defendant C pursuant to the instant credit guarantee agreement.

3) At the time of each credit guarantee agreement of this case, Defendant A and C agreed to pay the Plaintiff the amount of subrogation and the amount of delay calculated by the rate determined by the Plaintiff (15% per annum until November 30, 2012, and 12% per annum after December 1, 2012), and the expenses (payment by subrogation) paid by the Plaintiff for the purpose of preserving the claim for reimbursement. Defendant A around December 12, 2005, obtained a credit guarantee certificate of KRW 170 million under the 10 million credit guarantee agreement of this case, and Defendant C obtained a loan from an enterprise bank as collateral, and Defendant C obtained a credit guarantee certificate of KRW 20 million from the enterprise bank around October 27, 2011. < Amended by Act No. 11013, Oct. 27, 2011>