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(영문) 대구지방법원 2015.06.25 2013가합206164

구상금

Text

1. Defendant A and B shall jointly and severally pay to the Plaintiff KRW 190,398,782 and KRW 144,742,848, respectively. < Amended by Act No. 11414, Nov. 22, 2012; Act No. 4535, Aug. 25, 20

Reasons

1. Facts of recognition;

A. On April 27, 2004, Defendant A borrowed 200,000,000 won from the Industrial Bank of Korea (hereinafter “the first purpose of this case”). On March 16, 201, Defendant A borrowed 50,000,000 won from the National Bank. On April 27, 2004, the Plaintiff borrowed for the first purpose of this case, the date of guarantee; on April 27, 2004, the guaranteed amount was set as 160,00,000 won (the first certificate of subparagraph 1; hereinafter “the first credit guarantee”), and on the second purpose of this case, the Plaintiff set the guaranteed amount as 90,000,000 won (the guaranteed amount as March 16, 201; 40,000,000 won (the “credit guarantee amount”) and as 160,000 won, 200,000 won for the second purpose of this case.

(2) Each credit guarantee agreement between the Plaintiff and Defendant A was renewed every year, and finally, the first credit guarantee agreement was extended on April 19, 2013, and the second credit guarantee agreement was extended on March 14, 2013. 2) The rate of damages for the amount of performance of the guaranteed obligation determined by the Plaintiff is 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from the following day.

3) Defendant A’s spouse, as a joint and several surety for the first and second credit guarantee amount. (b) According to the first and second credit guarantee agreement between the Plaintiff and the Defendant, Defendant A, as well as the Plaintiff’s subrogation, when Defendant A violated the principal obligation, and when Defendant A’s credit conditions have significantly deteriorated, such as when the Plaintiff was subject to a disposition of suspension of transaction by a clearing house, etc., Defendant A and B bears the obligation of advance reimbursement for the amount guaranteed by the Plaintiff even without notice or peremptory notice from the Plaintiff, and Defendant A and B bears the obligation of advance reimbursement for the amount guaranteed by the Plaintiff, and when the Plaintiff performed the guaranteed obligation, the amount of the Plaintiff’s performance of the guaranteed obligation and the amount calculated at the rate determined by the Plaintiff from the date of repayment to the date of repayment of the guaranteed obligation,