logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.04.14 2015가단247657
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 561,761,652, out of the amount of KRW 563,375,212 and the amount of KRW 561,652, Nov. 9, 2015.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) obtained a small and medium enterprise financing loan of KRW 100,000,000 from the Nonparty Industrial Bank of Korea on November 23, 201, and KRW 200,000,000 on November 9, 2012, and KRW 300,000,000 on October 28, 2014.

B. The Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company with the purport that the Plaintiff bears the guaranteed obligation for the Defendant Company’s loan obligations, and that, in the event that the Plaintiff subrogated for the Defendant Company’s loan obligations, the Defendant Company entered into a credit guarantee agreement with the effect that, from the date following the expiration date of the due date of the payment of the repayment amount, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of subrogated to the date of the due date of the payment of the guarantee fee for the surviving principal, additional guarantee fee in addition to the interest rate applied by the

(hereinafter referred to as the "credit guarantee agreement of this case").

At the time of the instant credit guarantee agreement, Defendant B and C agreed to provide joint and several surety for the Defendant Company’s obligation to the Plaintiff based on the instant credit guarantee agreement.

C. Around July 22, 2015, Defendant Company lost profits from loans to the Industrial Bank of Korea due to natural substances, and was unable to repay said debts, the Plaintiff paid KRW 561,761,652 in total to the Industrial Bank of Korea on November 9, 2015 based on the instant credit guarantee agreement.

Additional guarantee fees for Defendant Company from the date following the expiration date of the due date until the date the Plaintiff repaid the principal and interest of loans to the Industrial Bank of Korea shall be 154,180 won in total.

E. In order to preserve the claim for reimbursement against the Defendants, the Plaintiff paid the legal procedure cost but failed to recover the amount is KRW 1,459,380.

F. Meanwhile, the Plaintiff.

arrow