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(영문) 서울중앙지방법원 2014.11.20 2014가합524853
구상금 등
Text

1. Defendant A and Defendant B jointly and severally agreed with the Plaintiff KRW 508,347,207 and KRW 50,687,575, out of the above amounts.

Reasons

1. Under each of the following facts, facts may be acknowledged by integrating each of the statements in Gap evidence Nos. 1 to 10 and the purport of the whole pleadings.

1) The Plaintiff is the Defendant Company A (hereinafter referred to as the “Defendant Company”) on December 29, 2010.

between the credit guarantee principal and 50,000,000 won, and the credit guarantee period were extended until December 29, 201 (this year thereafter until December 31, 2013).

(ii)a credit guarantee agreement to be made (hereinafter referred to as the “1 credit guarantee agreement of this case”).

(2) On June 21, 2012, the Plaintiff concluded a credit guarantee contract between the Defendant Company and the Defendant Company for the credit guarantee term of KRW 450,000,000 and the credit guarantee term of June 21, 2013 (hereinafter the instant credit guarantee contract was extended to June 20, 2014) (hereinafter the instant credit guarantee contract is deemed to be the instant credit guarantee contract, and the instant credit guarantee contract is also the instant credit guarantee contract with the instant credit guarantee contract).

3) According to each of the credit guarantee agreements of this case, Defendant B guaranteed the Plaintiff’s obligation under each of the credit guarantee agreements of this case. (4) In the event a credit guarantee accident occurred due to the Defendant Company’s failure to perform the principal obligation, the Plaintiff shall pay the guaranteed obligation. The Defendant Company shall pay to the Plaintiff the damages for delay calculated at 12% per annum from the payment of the Plaintiff’s guaranteed obligation and the payment of the principal obligation to the Plaintiff to the day of full payment, the legal procedure costs incurred for preserving the claim for reimbursement

B. The Plaintiff’s claim for reimbursement and joint and several sureties’s claim 1) Defendant Company was granted a loan of KRW 50,000,000 from one bank based on the first credit guarantee form of this case, and KRW 500,000,000 from the National Bank based on the second credit guarantee form of this case (hereinafter “each of the loans of this case”).

(2) On July 23, 2013, the Defendant Company lost the benefit of time as to each of the instant loans obligations, and the Plaintiff.

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