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(영문) 서울동부지방법원 2015.10.28 2014가단103108

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement over five times from September 26, 1990 to May 19, 194 between the Plaintiff and B (hereinafter “B”), which is an exporter and importer, as shown in the following table, and the Plaintiff issued a credit guarantee certificate that guarantees the repayment obligation of the loan during the guarantee period in obtaining a loan from a financial institution. The Plaintiff, who was the representative director B, jointly and severally guaranteed the obligation of the Plaintiff under the respective credit guarantee agreement.

A financial institution for the guarantee of principal of the contract date, 150,000,000 from September 26, 1990 to September 26, 1995 from September 26, 1995, a financial institution for the guarantee of principal of the contract date, 150,000 to September 26, 1995. < Amended by Presidential Decree No. 13873, Mar. 31, 2192; Presidential Decree No. 138582, May 19, 1993; Presidential Decree No. 16548, May 19, 1993; Presidential Decree No. 16548, May 19, 1993; Presidential Decree No. 16548, Oct. 15, 1994; Presidential Decree No. 17032, Oct. 19, 195>

B. However, around August 194, B lost the benefit of time for each of the above loans issued by the Plaintiff with a credit guarantee certificate, and the Plaintiff subrogated 850,630,523 won in total to each of the above lending financial institutions from December 19, 194 to March 3, 1995.

C. Around November 1999, the Plaintiff filed a claim for indemnity against B and C in accordance with the above credit guarantee agreement and rendered a judgment of 17% per annum from 199Da269323 to the Seoul District Court (Seoul District Court Decision 93Da2693,076,365 to the Plaintiff jointly and severally, and 128,929,247 won to the Plaintiff; 608,299,11 won from March 3, 1995 to December 30, 1994; 40,070,246 won from December 19, 1994 to January 31, 1998; 25% per annum from the following date to August 31, 1998 to the date of prescription; and 10% per annum from the following date to December 131, 1998 to the date of prescription; and 15% per annum from the following date to the date of 20% per annum 19: