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(영문) 서울중앙지방법원 2018.02.02 2017가합538174

구상금 등

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 221,675,916 as well as KRW 221,675,773 as well as for KRW 221,675,773 as from April 11, 2017 to June 1, 2017.

Reasons

1. Basic facts

A. The contract of guarantee between the Plaintiff and the Defendant A 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) The Plaintiff requested the Plaintiff to provide a guarantee to obtain a loan necessary for corporate management from the bank, and the Plaintiff as the principal debtor is a guarantee number C guarantee contract (hereinafter “instant first guarantee contract”) with Defendant A as follows:

) The Guarantee Contract with Guarantee Number D (hereinafter “Guarantee Contract of this case”) and the Guarantee Contract of this case, including the First and Second Guarantee Contract of this case, are "each Guarantee Contract of this case."

The Industrial Bank of Korea, a loan bank under each guarantee agreement of this case (hereinafter “Corporate Bank”) was concluded.

)each of the Small and Medium Enterprise Loan Loans (hereinafter referred to as “instant Loan”) with the Department.

(2) Defendant B Bank C’s loan of KRW 185,00,000 as of September 24, 2009 (amended by September 22, 2017) Defendant B Bank of Korea 2 Bank of Korea 200,000 won 2135,00,000 won 2135,00,000 won as of September 30, 2015 - November 30, 2016 (amended by November 30, 2017) was implemented as follows: (a) Defendant B Bank of Korea 2 Bank of Korea 185,000,000 won as of the date of withdrawal into the bank loan for the term of guarantee agreement for the guaranteed subject of the guaranteed subject; and (b) Defendant A attempted to pay the Plaintiff the remainder of the guaranteed interest rate on September 24, 2012, including the guaranteed interest rate, to the Plaintiff as joint and several surety; and (c) Defendant A failed to pay the Plaintiff’s late payment of the guaranteed interest rate on the date.

Plaintiff

The overdue interest rate applied is 10% per annum from February 1, 2016 to the date of the closing of the argument in this case.

B. On January 6, 2017, the corporate bank, which occurred the guarantee accident, notified the Plaintiff of the occurrence of the guarantee accident caused by this natural body as of March 2, 2017.

C. The Plaintiff’s performance of the guaranteed obligation is each of the instant cases after Defendant A’s guaranteed incident occurred.