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(영문) 서울중앙지방법원 2014.06.25 2013가합550411

구상금

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,166,377,150 and KRW 603,123,583 among them. < Amended by Act No. 11619, Feb. 2, 2013>

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”)

(A) enter into a credit guarantee agreement with the following and issue a certificate to guarantee each of the principal and interest of loan of Defendant A, and guarantee each of the principal and interest of loan of Defendant A (hereinafter referred to as “each credit guarantee agreement”) is specified in the sequence

(2) On June 29, 201, a creditor bank 1 of the No. 55,00 of the guaranteed amount (the original guaranteed amount) by the maturity date of the creditor bank 1 of June 30, 201, F 380,000,000, or F 170,000,000 on June 30, 201, or 201, or on June 30, 2012, H 285,000,000, or 00 on May 17, 2016, Han Bank 4, 2012, the Plaintiff’s major contents of the guarantee agreement concluded between the Plaintiff and Defendant A relating to the amount of monetary compensation are as follows, and the annual rate of damages determined by the Plaintiff from October 21, 2013 to June 21, 2012:

Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall pay the amount falling under any of the following subparagraphs immediately:

1. Performance amount of surety obligations;

2. The rate determined by the Plaintiff from the date of performance to the date of repayment for the amount under subparagraph 1 and the amount calculated according to the calculation method.

3. Expenses incurred in performing guaranteed obligations;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

5. Unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, and performance guarantee fees;

6. Damages for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate determined by the Plaintiff from the payment date to the repayment date.

1. Insurance premiums paid on behalf of the plaintiff pursuant to Article 8 (3);

2. With respect to each credit guarantee agreement between 1-4 of the costs required for enforcement, preservation (including termination), exercise, and legal procedures, Defendant B shall be subject to each credit guarantee agreement between 1-4, and Defendant C shall be subject to each credit guarantee agreement between 1-2.