beta
(영문) 서울중앙지방법원 2017.04.11 2015가합500892

구상금

Text

1. The Plaintiff:

A. Defendant A, B, G, and C are jointly and severally 484,194,236 won and 467,684.

Reasons

1. Determination on the claim for indemnity

A. The facts of recognition 1) Defendant A Co., Ltd. (hereinafter “Defendant A”), and C Co., Ltd. (hereinafter “Defendant C”) concluded a credit guarantee agreement with the Plaintiff as indicated in the following table (hereinafter “credit guarantee agreement of this case”). The loan was granted from financial institutions as security pursuant to the following classification. After that, Defendant A’s first guarantee of Defendant A’s loans of financial institutions (won) for the guarantee term of partially divided guarantee term, the guarantee term of payment and the guarantee term of payment was extended to 00,000 on November 10, 201, as of November 9, 2010, the Industrial Bank of Korea 677,50,000,000, and Defendant C Co. 200 on August 29, 2011 changed to Defendant C’s first guarantee term of payment to 420,000,0000,0000,000 on August 29, 2011, 300, 20057

B) Defendant B, G, and C, according to the credit guarantee agreement of this case, jointly and severally guaranteed the indemnity obligation that Defendant A will bear against the Plaintiff, Defendant A, the deceased I, and the deceased E pursuant to the credit guarantee agreement of this case. Meanwhile, according to each credit guarantee agreement of this case, in the event that the Plaintiff pays the principal’s loan by subrogation to the Plaintiff due to the occurrence of the guaranteed accident, the principal and the joint guarantor agreed to pay the principal and the Plaintiff the amount of subrogation and the damages for delay (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to that of January 31, 2016) and the penalty, etc. calculated at the rate determined by the Plaintiff.

2) On November 18, 2014, Defendant A and C failed to repay loans to loan financial institutions, resulting in a guarantee accident regarding each of the instant credit guarantee agreements.

B. The Plaintiff’s instant case to the Industrial Bank of Korea on November 27, 2014.