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(영문) 서울중앙지방법원 2016.06.09 2015가합547297

구상금

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 914,745,480 and KRW 906,226,370 among them. < Amended by Presidential Decree No. 2689, Feb. 10, 2015>

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) and the Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) on June 28, 2015, the credit guarantee period of KRW 600,000,000 for the credit guarantee period of the lending bank in the sequence of the credit guarantee agreement and the joint and several guarantee agreement between the Plaintiff and the Defendant Co., Ltd. (hereinafter referred to as “Defendant A”) on June 28, 2013.

On June 19, 2014, the two credit guarantee agreements (hereinafter referred to as “instant first credit guarantee agreements”) and “the instant second credit guarantee agreement” are as follows.

(2) Defendant A submitted each credit guarantee agreement issued by the Plaintiff to an enterprise bank pursuant to each of the credit guarantee agreements in this case, and the enterprise bank extended the loan amounting to KRW 598,500,000 (security by the first credit guarantee agreement in this case) and KRW 300,000 (security by the second credit guarantee agreement in this case) to Defendant A.

3) According to each credit guarantee agreement of this case, where the Plaintiff fulfilled the guaranteed obligation, the scope of Defendant A’s repayment to the Plaintiff is reasonable expenses incurred in preserving, performing, and exercising the Plaintiff’s right due to the performance of the guaranteed obligation and the performance of the guaranteed obligation, and damages for delay calculated by the Plaintiff’s interest rate on delay from the day following the payment deadline determined by the Plaintiff to the day of full payment. The Plaintiff’s performance of the guaranteed obligation is the day after February 10

From the date of closing the argument in this case, the rate of delay damages determined by the Plaintiff is 11% per annum. 4) Defendant B as the representative of Defendant A, jointly and severally guaranteed Defendant A’s obligation to the Plaintiff according to each credit guarantee agreement in this case.

B. (1) A company bank, upon the fulfillment of the Plaintiff’s guarantee obligation, notified the Plaintiff of the occurrence of the guarantee accident on December 26, 2014, and requested the Plaintiff to discharge the guarantee obligation on January 26, 2015. (2) Accordingly, the Plaintiff’s total amount of KRW 906,226,370 as the performance of the guarantee obligation on February 9, 2015 = the instant case.