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(영문) 서울고등법원 2016.07.01 2015나2074730
구상금 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 15, 201, the Plaintiff entered into a credit guarantee agreement with Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “Co-Defendant A”) with the credit guarantee principal, from March 15, 201 to March 14, 2014, and from March 15, 2011, from March 15, 201 to March 14, 2014 (hereinafter “the credit guarantee agreement of this case”). Accordingly, the Plaintiff was issued a loan of KRW 270,00,00 (the estimated loan amount of KRW 300,000,000,000, and the guarantee period of KRW 90,000,000, and the credit guarantee period of KRW 261,00,000, and the credit guarantee period was changed to March 13, 2015, and was issued to Nonparty Co-Defendant C Co-Defendant 0 and Co-Defendant 10 (hereinafter “Co-Defendant B”).

(hereinafter “instant loan”). (b)

According to the instant credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the obligor and the joint guarantor, calculated by multiplying the amount of the performance of the guaranteed obligation by the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fee, delayed guarantee fee, penalty, etc. The rate of delay damages determined by the Plaintiff is

C. On December 1, 2014, the Plaintiff was notified by the Industrial Bank of Korea of the occurrence of a credit guarantee accident due to the principal and delayed payment of the non-party company, and on December 26, 2014, the Plaintiff extended a loan to the Industrial Bank of Korea as collateral pursuant to a credit guarantee letter issued by the Plaintiff on April 15, 2013, which was extended to KRW 523,434,283 as the principal and interest of the loan of this case, and KRW 261,398,635 as the principal and interest of the loan of this case by the non-party company.

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