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(영문) 서울중앙지방법원 2015.03.24 2014가합553585
구상금 등
Text

1. The defendant (Appointeds) and the appointed parties B jointly and severally with the plaintiff KRW 273,30,332 and KRW 271,690,273 among them.

Reasons

1. Basic facts

A. The defendant (appointed party) and the appointed party (appointed party, hereinafter the defendant) are both the defendant and the appointed party B, and the appointed party C are the births of the appointed party B.

B. A credit guarantee agreement between the Plaintiff and the Appointed B and the Defendant’s joint guarantee 1) between the Plaintiff and the Appointed B on April 27, 2012, the Plaintiff set the guarantee principal of KRW 270 million and the guarantee period of KRW 270 million from April 27, 2012 to April 26, 2013, and the Plaintiff’s National Bank of Korea (hereinafter “National Bank”).

(3) the credit guarantee agreement of this case (hereinafter “the credit guarantee agreement”) provides that the credit guarantee agreement provides a guarantee for a loan obligation to the person;

(2) At the time of the instant credit guarantee agreement, the Plaintiff and the Selected B agreed to pay expenses incurred in the preservation, transfer, and exercise of the right acquired through the discharge of the guaranteed obligation to the Plaintiff (as regards the principal of the guaranteed obligation within the remainder of the due date of the payment of the guaranteed obligation, the amount calculated by adding the annual rate of 0.5% to the annual rate of 0.5% as determined by the Plaintiff from the day following the due date of the payment of the guaranteed obligation (2) to the date of the completion of the argument in this case).

3) Defendant and Defendant Co., Ltd. D (hereinafter referred to as “D”) holding office as representative director.

(C) The Selection Party B jointly and severally guaranteed all obligations owed to the Plaintiff under the Credit Guarantee Agreement. (1) The Selection Party B was designated on April 27, 2012 as the due date for the payment of KRW 300 million from the National Bank on April 26, 2013 based on the Credit Guarantee Agreement.

2. Afterward, the guarantee period among the terms of the credit guarantee agreement in this case is until April 25, 2014.

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