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(영문) 서울중앙지방법원 2016.04.01 2015가단5170213

구상금

Text

1. The Plaintiff:

A. As to KRW 207,315,521 and KRW 202,534,508 among them, Defendant A shall be from December 20, 2012 to July 16, 2015.

Reasons

1. Basic facts

A. On April 29, 2009, the Defendants’ joint and several surety established a credit guarantee agreement stipulating the lending institution and the term of guarantee until April 28, 2010 as the loan principal amounting to KRW 285 million (hereinafter “the credit guarantee agreement of this case”) between the Plaintiff and D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Defendants jointly and severally guaranteed the non-party company’s liability for indemnity against the Plaintiff.

On April 22, 2010, the term of guarantee under the credit guarantee agreement of this case was changed to 270 million won until April 28, 2011, and the principal of the guarantee was changed to 270 million won.

On April 21, 2011, the term of guarantee under the credit guarantee agreement of this case was changed by June 28, 2011.

On June 23, 2011, the term of guarantee under the instant credit guarantee agreement was changed to June 28, 2012, and the principal of guarantee was changed to KRW 240,000,000. At the time, Defendant B and C entered into an agreement with only the guaranteed liability that was incurred or will be issued during the period until June 28, 2012, and exempted the obligation to guarantee the guaranteed liability that may arise after June 28, 2012 (hereinafter “instant partial guarantee agreement”).

On June 18, 2012, the term of guarantee under the credit guarantee agreement of this case was changed to KRW 224 billion until June 27, 2013.

B. According to the credit guarantee agreement of this case, the Plaintiff’s subrogation Nonparty Company received 13 loans from the Bank until June 28, 2012, the period subject to the instant partial guarantee agreement, and received 15 loans thereafter.

On December 20, 2012, the Plaintiff subrogated to the Bank of Korea for KRW 224,825,981 as a loan obligation of a non-party company. Of these, KRW 123,542,057 was the principal and interest of 13 loans implemented until June 28, 2012, and the remainder of KRW 101,283,924 was the principal and interest of 15 loans implemented after June 28, 2012.

C. The Plaintiff at the rate of recovery and final delay damages and delay damages shall be the sum of 22,000 won from the non-party company after subrogation.