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(영문) 대구지방법원 2018.04.26 2017가합204418

구상금

Text

1. As to Defendant A and B’s joint and several liability for KRW 1,108,591,683 and KRW 592,710,380 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Basic facts

A. On October 21, 2005, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), setting the guarantee period from October 21, 2005 to October 20, 206 (the guarantee period shall be changed to October 14, 2016), the guarantee amount of KRW 560 million to KRW 50 million (hereinafter “credit guarantee agreement”) with respect to the obligation to be borne with a loan from the Industrial Bank of Korea (hereinafter “Defendant A”), and on December 23, 2013, the Plaintiff concluded the credit guarantee agreement with Defendant A to set the guarantee period from December 23, 2013 to December 22, 2014 (the guarantee period shall be changed to October 14, 2016), and the said credit guarantee agreement shall be extended to KRW 200 million to KRW 2130 million (the guarantee period shall be changed to KRW 2130 million).

B. Defendant B jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff according to each credit guarantee agreement of this case.

C. At the time of each credit guarantee agreement of this case, Defendant A agreed to pay the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ① the performance amount of the guaranteed obligation, ② the delay damages calculated by multiplying the performance amount of the guaranteed obligation by the interest rate set by the Plaintiff from the performance date of the guaranteed obligation to the repayment date of the guaranteed obligation.

Defendant A caused a credit guarantee accident with a natural body on April 26, 2016, and the Plaintiff is each of the instant cases.