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(영문) 서울중앙지방법원 2016.10.14 2015가합565394
구상금 등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,358,929,516 and KRW 1,356,49,987 among them.

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in each entry (including each number) in Gap evidence 1 to 10, taking into account the overall purport of the pleadings:

1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”) entered into each credit guarantee agreement of this case

(A) The credit guarantee agreement with the following terms and conditions (hereinafter referred to as “each of the credit guarantee agreements in this case”).

A) A) Upon entering into a credit guarantee agreement with Defendant A, the said Defendant issued a credit guarantee agreement, and provided a credit guarantee within the scope of the following credit guarantee amount with respect to the principal and interest obligation to be borne by the said Defendant by obtaining a loan from the Industrial Bank of Korea. Defendant A, the representative director of the Defendant A, jointly and severally guaranteed the obligations of the Plaintiff under each credit guarantee agreement. BDF2) Defendant A obtained each of the above credit guarantee agreements from the Industrial Bank of Korea as security, with a loan of KRW 50,000,000,000 from the Industrial Bank of Korea on May 19, 201, respectively.

3) The Plaintiff and Defendant A agreed to the extent that the Plaintiff performed the guaranteed obligation to the lending bank in accordance with the credit guarantee agreement of this case, ① the amount of the Plaintiff’s repayment of the guaranteed obligation and ② the amount calculated by the Plaintiff’s rate (12% per annum from December 1, 2012 to the date of the closing of argument in this case) from the date of the repayment of the guaranteed obligation to the Plaintiff; ④ the expenses incurred in the preservation, transfer and exercise of the guaranteed obligation; ④ the expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guaranteed obligation; ⑤ the unpaid guarantee fee, delayed guarantee fee, penalty; ④ the compensation for delay calculated at the rate determined by the Plaintiff from the date of the payment of each expense to the date of the repayment of each expense; ④ the Industrial Bank of Korea agreed to the Plaintiff on November 18, 2014; and ② the occurrence of the credit guarantee accident as the suspension of current account transactions on the 17th of the same month by Defendant A.

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