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(영문) 서울중앙지방법원 2012.09.21 2012나6676

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On October 18, 200, the Plaintiff entered into an agreement between the joint Defendant A Co., Ltd. (hereinafter “Co., Ltd.”) and the Korea Housing and Commercial Bank (hereinafter “Korea Housing and Commercial Bank”) to guarantee the performance of the obligation to repay the principal and interest of the loan to the Korea Housing and Commercial Bank (hereinafter “No. 1”), and issued a credit guarantee (F) on October 26, 200 to A on October 26, 200, with the guarantee principal amount of KRW 2,064,00,000, and the guarantee term of KRW 2,064,00,000,000, and the guarantee term of October 26, 2030.

B. On October 18, 200, the Plaintiff entered into an agreement with the Korea Housing and Commercial Bank to guarantee the performance of the obligation to repay principal and interest of the loan (hereinafter “second loan”) from the Korea Housing and Commercial Bank as a loan for the construction fund of middle-term rental housing (hereinafter “the Korea Housing and Commercial Bank”), and issued a credit guarantee certificate (G) with A on January 19, 201, with the guaranteed principal amount of KRW 840,00,000,000, and the guarantee period as of October 24, 2018.

C. Co-Defendant B, Defendant C, D, and E in the first instance trial jointly and severally guaranteed the obligations of Company A related to each of the above credit guarantee agreements.

(Defendant C was jointly and severally guaranteed on behalf of the existing guarantor on August 23, 2001, Defendant D, and E on April 23, 2003.

In the above credit guarantee agreement, where a corporation A did not repay its loan obligations and the Plaintiff performed its guaranteed obligation, the Defendants agreed to pay the amount paid by the Plaintiff, delay damages, additional guarantee fees for principal obligations, and expenses for compensating for indemnity claims by the day immediately before the expiration date of the term unless the Plaintiff’s guaranteed obligation is extinguished within the term. The rate of delay damages is 20% per annum from July 1, 2004 and 15% per annum from the following day to the date.

E. On December 8, 2005, when A was unable to repay the principal and interest of each of the above loans, which was lost by the party branch on December 8, 2005, the Plaintiff on November 30, 2010.