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(영문) 광주지방법원 2019.10.17 2019가합50415
구상금
Text

1. The Plaintiff:

A. As to KRW 360,681,473 and KRW 356,187,664 among them, Defendant A Co., Ltd., from November 9, 2018 to KRW 366,187,664.

Reasons

1. Basic facts

A. 1) The Plaintiff (hereinafter “Defendant Company”) concluded a credit guarantee agreement and issued a letter of guarantee.

In order to repay the principal and interest of loans to be extended by the Defendant Company from the D Bank, two credit guarantee agreements (hereinafter referred to as “each of the instant credit guarantee agreements”) are as follows:

(2) Upon entering into a credit guarantee agreement of this case, the Plaintiff, the representative director of the Defendant Company, at the time of entering into each of the credit guarantee agreements of this case, jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to each of the credit guarantee agreements of this case. On February 23, 2016, the term of guarantee agreement of this case was changed to February 22, 2019 through the revision of the terms and conditions of guarantee at least two times after entering into the first credit guarantee agreement of this case. The term of guarantee agreement of this case was changed to 170 million won on September 22, 2017, 200 D Bank 20, 200 D Bank 17, 200 D Bank 17, 200 D Bank 17, 200, 300,000, 200, 200, 20,000, 20,000, 20, 20, etc., each of the Plaintiff’s guaranteed guarantee obligations.

B. 1) The Defendant Company caused a credit guarantee accident on June 15, 2018, and the Plaintiff’s performance of the guaranteed obligation. Accordingly, the Plaintiff paid a total of KRW 356,187,64 to the D Bank on November 9, 2018 in accordance with each of the instant credit guarantee agreements (i.e., the amount of subrogated payment of KRW 173,015,473 in relation to the instant 1 credit guarantee agreement) on behalf of the Plaintiff (i.e., the amount of subrogated payment of KRW 183,172,191 in relation to the 2 credit guarantee agreement).

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