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(영문) 서울중앙지방법원 2020.08.27 2019가합579971
구상금
Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 1,446,436,952 and KRW 1,434,473,809 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a credit guarantee agreement and joint and several sureties agreement

B) Between ① (i) the principal of a credit guarantee on April 15, 2015; (ii) the guarantee period of KRW 711,000,000; and (iii) the guarantee period of KRW 714,00,000; and (iii) the guarantee period of KRW 246,50,000 on April 28, 2016; (iv) the guarantee period of KRW 246,50,000; and (v) the guarantee period of KRW 10,000 on April 27, 2017 (by two times; hereinafter “the guarantee period of KRW 360,00,000; hereinafter referred to as “the guarantee period of KRW 10,000; hereinafter referred to as “the guarantee period of KRW 10,000; 4.10,000 on October 13, 2017; and (v) the guarantee period of KRW 10,2018.4.

(2) Defendant B signed an agreement. (2) Defendant B jointly and severally guaranteed all of the Defendant Company’s obligations relating to each credit guarantee agreement of the instant case to the Plaintiff.

3) According to each credit guarantee agreement of this case, where the Defendant Company did not perform the principal obligation within the period for the performance of the principal obligation and the Plaintiff performed the guaranteed obligation, the Defendant Company is obligated to pay to the Plaintiff the amount subrogated by the Plaintiff, delay damages for the contract after the date of payment on behalf of the Plaintiff, and the amount of penalty calculated at the rate calculated by adding 0.5% per annum to the guarantee rate from the day after the expiration of the period for payment on behalf of the Plaintiff to the day before the date of payment on behalf of the Plaintiff.

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