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(영문) 서울중앙지방법원 2016.06.29 2015가합536891
구상금 등 청구의 소
Text

1. Of the instant lawsuit, the part regarding the claim for cancellation of the contract to establish a mortgage between Defendant D and Defendant F, which was concluded on October 24, 2014.

Reasons

1. Basic facts

A. (1) On May 31, 2011, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company under a credit guarantee agreement (hereinafter referred to as “the instant credit guarantee agreement”) between May 31, 201 and May 30, 2012, with a guarantee amount of KRW 600,000,000, and a guarantee period of KRW 300,000, and from May 31, 2011 to May 29, 2012, for the purpose of securing the repayment of the principal and interest of loans that the Defendant Company received from the Bank.

(2) The Plaintiff issued a credit guarantee certificate to our bank as the other party, and the Defendant Company borrowed KRW 750,000,000 from our bank.

3) On January 16, 2014, the Plaintiff concluded a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) as follows to guarantee payment with respect to five copies of the bills issued by the Defendant Company (hereinafter “instant credit guarantee agreement”) and collectively “each of the instant credit guarantee agreements”.

(1) On January 16, 2015, the Plaintiff issued a credit guarantee certificate with the person who received each of the above bills as the other party to the payment of the promissory notes. On January 16, 2015, the Plaintiff issued a credit guarantee certificate to Hansung Co., Ltd., Ltd., 340,000,000 SPWn Co., Ltd., Ltd., No. 340,000,000 SPWn Co., Ltd., Ltd., No. 1540,000,000 as the payment of the amount of the promissory notes, and the Defendant Co., Ltd. issued each of the above promissory notes.

5) According to each credit guarantee agreement of this case, in the event that the Plaintiff fulfilled the guaranteed obligation, the Defendant Company shall immediately reimburse the Plaintiff for the expenses incurred in the legal procedures for the enforcement of damages, guarantee fees, penalty, and claims calculated by multiplying the amount of the performance of the guaranteed obligation and the rate set by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation. Meanwhile, the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date of repayment. (6) Defendant B and C jointly guaranteed the obligation to repay the Plaintiff under each credit guarantee agreement of this case

(b)the occurrence of claims for reimbursement; and

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