beta
(영문) 서울중앙지방법원 2015.07.14 2013가합553472

구상금 등

Text

1. The Plaintiff:

A. Defendant A corporation, B, and C are jointly and severally liable for KRW 281,468,898 and KRW 280,458,181 among them.

Reasons

1. Facts of recognition;

A. Credit guarantee agreement and joint and several sureties 1) The Plaintiff Company A (hereinafter “Defendant Company”)

B) As to the obligation to be loaned by the Defendant Company from the Bank, the credit guarantee agreement between the Defendant Company and the Bank (hereinafter “instant credit guarantee agreement”) is as follows:

(1) The term “credit guarantee agreement” (hereinafter “instant credit guarantee agreement”) set forth from June 1, 2009 to May 31, 2010 as the credit guarantee principal amount of KRW 100,000,000, and the guarantee period of the credit guarantee agreement set out from June 1, 2009 to May 31, 2010.

(2) On June 25, 2010, the credit guarantee agreement stipulated in the credit guarantee principal of KRW 190,000,000 and the guarantee period from June 25, 2010 to June 24, 2015 (hereinafter “instant credit guarantee agreement”).

(2) As security each credit guarantee letter issued by the Plaintiff, the Defendant Company received a loan of KRW 100,000,000 from the Bank on June 1, 2009, based on the credit guarantee agreement of the instant case, and KRW 200,000,000, based on the credit guarantee agreement of the instant case on June 30, 2010.

3) According to each credit guarantee agreement of this case, the amount guaranteed by the Defendant Company was changed to KRW 85,00,000,000, and the period of guarantee. 4) According to each of the credit guarantee agreements of this case, the Plaintiff shall pay the Plaintiff the amount by subrogation when the Defendant Company fails to repay its loan obligations. The Defendant Company shall pay the Plaintiff the amount by subrogation and the amount of delay calculated by the rate determined by the Plaintiff from the date of payment by subrogation to the date of full payment (12% per annum) and the expenses paid by the Plaintiff in order to enforce or preserve its rights.

5) On June 1, 2009, Defendant B and C, and Defendant D, around May 201, jointly and severally guaranteed all obligations to be borne by the Defendant Company to the Plaintiff under the instant credit guarantee agreement. On June 25, 2010, Defendant B, C, and E jointly and severally guaranteed all obligations to be borne by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement. (b) The Plaintiff’s subrogation and confirmation damages, and substitute payment 1) Defendant Company guaranteed each of the above obligations due to natural enterprises on January 3, 2013.