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(영문) 서울중앙지방법원 2020.12.11 2019가합556923

구상금 등 청구의 소

Text

1. Defendant A and B Co., Ltd. jointly and severally against the Plaintiff KRW 820,969,378 and KRW 814,992,778 among them. < Amended by Presidential Decree No. 2420, Jul. 19, 2019>

Reasons

1. Basic facts

A. On November 12, 2015, the Plaintiff entered into a credit guarantee agreement (hereinafter “the first guarantee agreement”) with Defendant Company A (hereinafter “Defendant Company”) with a term of KRW 1150 million with the term of November 11, 2016 to guarantee the Plaintiff’s repayment of the principal and interest of a loan that Defendant Company would receive from D Bank (hereinafter “the first guarantee”). On October 24, 2016, the Plaintiff concluded a credit guarantee agreement with Defendant Company to guarantee the payment of the principal and interest of the loan that Defendant Company would receive from D Bank (hereinafter “the second guarantee agreement”) with the terms of guaranteeing the payment of the principal and interest of the Defendant Company to D Bank until October 23, 2017 (hereinafter “the second guarantee agreement”), and each of the credit guarantee agreements with Defendant Company will be jointly and severally liable for the reimbursement of the principal and interest of each of the instant claims against the Plaintiff, respectively (hereinafter “the second guarantee agreement”).

According to each credit guarantee agreement of this case, if the plaintiff met the guaranteed obligation, the defendant company shall pay to the plaintiff all incidental obligations, such as the amount subrogated by the plaintiff, delay damages by agreement rate, the amount of the guaranteed obligation not terminated, the Credit Guarantee Fund Act, penalty pursuant to the Enforcement Decree of the same Act, and other expenses incurred in compensating the claims paid by the plaintiff.

On the other hand, from July 19, 2019, the agreed amount of damages by subrogation is 8% per annum.

B. Under each credit guarantee agreement of the instant case, the Defendant Company received a credit guarantee form from the Plaintiff, submitted it to the D Bank, and received a loan of KRW 1150 million from the D Bank on November 13, 2015, and KRW 26 million on November 11, 2016, respectively. < Amended by Act No. 13583, Nov. 2, 2016; Act No. 14955, Nov. 2, 2016>

C. Since then, the time limit for the first guarantee was extended by June 10, 2019, and the time limit for the second guarantee was extended by October 21, 2019, respectively.

The defendant company started to pay interest on September 12, 2018, and was in arrears on April 2, 2019.