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(영문) 서울중앙지방법원 2017.03.17 2015가합554790
구상금 등 청구의 소
Text

1. As to the Plaintiff KRW 902,072,392 out of KRW 1,271,819,685 and the said money, Defendant A shall have from July 16, 2015, and 364,496.

Reasons

1. Facts of recognition;

A. Credit guarantee contract and guaranteed obligation 1) The Plaintiff and F Co., Ltd. (former trade name: G; hereinafter “F”).

(2) As a security under a credit guarantee contract concluded on December 7, 2007, F was granted loans from the Korea Exchange Bank and the Industrial Bank of Korea as indicated in Table 1. In this case, Defendant A guaranteed the Plaintiff’s obligation under the above credit guarantee contract. Serial Bank H of Korea Exchange Bank H of December 11, 2008 (amended by December 4, 2015) 480,000,000 won (amended by 360,000,000 won) for the Plaintiff’s performance of the guaranteed obligation, and thus, Defendant A did not pay the Plaintiff for the performance of the guaranteed obligation at the rate of 935,00,000,000 won (amended by 360,000,000 won) for the performance of the guaranteed obligation under the above credit guarantee contract (amended by 935,00,000,000 won, 80,5010,000 won for the performance of the guaranteed obligation.

3) Following the F’s application for corporate rehabilitation procedures, the Plaintiff received notice of a credit guarantee accident as stated in [Attachment 2], and subrogated for F to the lending bank. The Plaintiff collected 12% per annum from December 1, 2012, and the legal procedure expenses incurred by the Plaintiff for the enforcement of the credit guarantee claim remaining as KRW 7,614,340,2363,795,505,505,52 of the Industrial Bank of Korea on July 23, 2015, 2015, 2364,496,743 by subrogation on the date of notification of the credit guarantee accident of the lending bank.

B. Defendant A, such as a dispositive act, etc., is in excess of obligations.

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