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(영문) 수원지방법원 2016.11.29 2016가합76622

구상금

Text

1. The Defendant’s KRW 943,738,072 and KRW 728,492,576 among the Plaintiff’s KRW 943,738,072 and the Plaintiff’s KRW 214,837,383.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with E (hereinafter “E”) that guarantees the repayment of the principal and interest of loan of E with the following contents (hereinafter “O credit guarantee agreement of this case” in the order of entry in the following table, and as a whole, “E” in accordance with each credit guarantee agreement, and E received loans from each bank, respectively.

on May 15, 2008, F. 297,500,500,000,350,000 Bank on May 17, 2011, G. 425,000,000 at the Industrial Bank of Korea on May 17, 2011 (this later is changed to May 6, 2016), 50,000,000 50,000,00 Industrial Bank of Korea on May 4, 201, 200, H. 3, 200,3,200 H. 15,50,00 on May 16, 201, and 15, 200, 10,000 I Bank of Korea on May 4, 2012, 200, 10, 2015, 16, 15, 2014

B. According to each credit guarantee agreement of this case, in the event that the Plaintiff performs the guaranteed obligation, E shall pay the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation, damages for delay in accordance with the rate determined by the Plaintiff from the date of payment to the date of full payment (10% per annum after February 1, 2016), and legal procedure expenses incurred by the Plaintiff for the performance or preservation of the right by performing the guaranteed obligation.

C. D jointly and severally guaranteed all indemnity obligations owed by E to the Plaintiff pursuant to each credit guarantee agreement of this case, and the Defendant jointly and severally guaranteed all indemnity obligations owed by E to the Plaintiff pursuant to the first to third credit guarantee agreement of this case.

E lost the benefit of time due to delinquency in payment of interest on January 8, 2016, but failed to repay the loan. Accordingly, on March 22, 2016, the Plaintiff is subject to the instant 4 credit guarantee agreement with the Han Bank.