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(영문) 서울중앙지방법원 2014.12.10 2013가합562148

구상금 등

Text

1. Defendant A Co., Ltd, B, C, and D jointly and severally with the Plaintiff KRW 559,290,049 and KRW 557,110,541 among them. < Amended by Act No. 11604, Mar. 21, 2013>

Reasons

1. Facts of recognition;

A. 1) Defendant A Co., Ltd. (former trade name: F. G., and hereinafter “Defendant Company”)

Industrial Bank of Korea (hereinafter referred to as “Corporate Bank”)

In order to obtain a loan from the Plaintiff, the Plaintiff entered into a credit guarantee agreement between March 4, 2008 and March 3, 2010, including the maximum amount of KRW 800,000,000, and the transaction period from March 4, 2008 to March 3, 2010 (hereinafter “the instant credit guarantee agreement”).

(2) Defendant C, who is the representative director of the Defendant Company, as his spouse, was a parent of the Defendant Company B, and his director of the Defendant Company, was jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the said credit guarantee agreement on the same day.

3) On March 6, 2008, the Plaintiff: (a) to the Defendant Company a letter of credit guarantee, the guarantee number H, the guaranteed amount of KRW 170,00,000, and the guarantee period of March 5, 2009 (hereinafter “instant guarantee 1”).

(1) On March 7, 2008, the letter of credit guarantee (hereinafter referred to as “second guarantee of this case”) dated 6, 2009, the guarantee number I, the guaranteed amount of KRW 510,000,000, and the guarantee term of March 6, 2009.

(4) The Plaintiff and the Defendant agreed to pay the Plaintiff the amount of subrogation and its delay damages, its final damages, its penalty, its legal procedure, etc. in the event the Plaintiff performed the credit guarantee obligation upon the signing of the said credit guarantee agreement. The Defendant Company agreed to pay the Plaintiff the amount of subrogation and its delay damages, its final damages, its damages, its penalty, its legal procedure, etc.

The rate of damages determined by the Plaintiff applicable to the instant case is 12% per annum.

5. While the respective guarantee term of this case was extended by September 3, 2013, the Plaintiff extended the respective guarantee term of this case to September 3, 2013, the respective guarantee term of this case to October 2, 2013, and the respective guarantee term of this case to September 3, 2014.

This case among the criteria for admission of the plaintiff's joint and several sureties applied at the time.