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(영문) 서울중앙지방법원 2016.04.26 2015가단5289438
구상금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several liability amounting to KRW 943,351,778 and KRW 506,176,178 among them, Defendant A and B’s joint and several liability amounting to KRW 506,178.

Reasons

1. Facts of recognition;

A. (i) On May 24, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and issued a credit guarantee agreement under each of the above credit guarantee agreements with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as between the guaranteed amount and KRW 510 million (200,000,000,000,000) and May 24, 2013 (which was changed to May 22, 2015) (hereinafter “instant credit guarantee agreement”).

The defendant company obtained a loan of KRW 600,000 from the Korea Standards for the Settlement Bank as security.

B. The Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”) with the Defendant on June 4, 2008, which provides for the credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”) (hereinafter referred to as “credit guarantee agreement of this case”) on June 4, 2009, which is set forth as the credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”) between the Defendant Company and the amount of KRW 352 million (hereinafter referred to as “the amount of KRW 26 million was changed to June 4, 2015), and the credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”) on November 23, 2012, which is set up on November 22, 2013 (hereinafter referred to as “credit guarantee agreement of this case”). The Defendant Company issued a written credit guarantee agreement under each of the above credit guarantee agreements to the Defendant Company.

The Defendant Company received, as security, a loan of KRW 440 million in the credit guarantee form of this case from the KBB Bank, and KRW 285 million in the credit guarantee form of this case as security.

•Defendant Company agreed to pay the amount of subrogation and damages for delay in accordance with the interest rate determined by the Plaintiff when the Plaintiff performed the guaranteed obligation at the time of each credit guarantee agreement of this case.

Applicant Meanwhile, the rate of damages for delay determined by the Plaintiff regarding each credit guarantee agreement of this case is 12% per annum from December 1, 2012.

B. Defendant B, at the time of each credit guarantee agreement of this case, jointly and severally guaranteed all the obligation owed by the Defendant Company to the Plaintiff pursuant to each credit guarantee agreement of this case.

Dor. Dor.

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