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(영문) 청주지방법원 2016.04.21 2015가합22431

구상금 등

Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 2,502,118,535 and KRW 2,49,931,628 among them.

Reasons

1. Facts of recognition;

A. (1) On June 14, 2012, the Plaintiff entered into a credit guarantee agreement, etc.) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) The term “the credit guarantee agreement of this case” and “the guarantee period of this case was extended from June 14, 2012 to June 13, 2013” (hereinafter “the credit guarantee agreement of this case”) under the credit guarantee agreement of this case (hereinafter “the credit guarantee agreement of this case”).

(2) In accordance with the instant credit guarantee agreement, Defendant A’s representative director, as the Defendant A’s representative director, jointly and severally guaranteed the Plaintiff’s obligation under the instant credit guarantee agreement. (2) The Plaintiff issued a credit guarantee statement that guarantees the liability for the purchase price of goods to the Dong International Course Co., Ltd. (hereinafter “Dong International Course”).

3) According to the Credit Guarantee Agreement (Article 10) of this case, when the Plaintiff fulfilled a credit guarantee obligation, Defendant A, Defendant B, and the Plaintiff; ① the amount of performance of the guaranteed obligation; ② the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation (the rate for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the date

(B) The Act provides that damages for delay caused by delay, (3) expenses incurred in the performance of guaranteed obligations, (4) expenses incurred in the preservation, transfer, and exercise of rights acquired through the performance of guaranteed obligations, and (5) expenses incurred in the execution, preservation, exercise, and legal procedure of insurance premiums and claims paid by the Plaintiff on behalf of the Plaintiff shall be paid. (2) In the event of a credit guarantee accident and subrogation (1) a credit guarantee accident occurred due to delinquency in the payment of the price for goods to the East International taking place by Defendant A,

2) After July 2, 2015, the Plaintiff subrogated for KRW 2,499,931,628 of the principal amount of the goods-price obligation to the Dong International River, and paid KRW 2,186,907 as substitute payments. C. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

Establishment of a right to collateral security.