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(영문) 서울중앙지방법원 2015.09.23 2015가합526856
구상금 등 청구의 소
Text

1. Defendant A, B, C, D, and E Co., Ltd. shall be jointly and severally held against the Plaintiff at KRW 796,216,405 and their share795,559.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A on August 30, 2013 (hereinafter “instant credit guarantee agreement”) with the Defendant A, setting the deposit amount to KRW 788,424,00, and the term of guarantee as of August 29, 2014 (hereinafter “instant credit guarantee agreement”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”)

(C), D, and E Co., Ltd. (hereinafter “Defendant E”);

(2) Of the terms of the Credit Guarantee Agreement, the part on the exercise of the Plaintiff’s right to indemnity following the discharge of the Plaintiff’s guaranteed obligation is as follows.

Article 6 (Preliminary Reimbursement) (1) of the Credit Guarantee Agreement in the event that a cause falling under any of the following subparagraphs has occurred against Defendant A, the defendant A and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the plaintiff, even if not notified and notified by the plaintiff:

5. When a request for the commencement of a rehabilitation procedure, bankruptcy procedure, or individual rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act is filed or entered in the liquidation thereof, Article 9 (Performance and Notification of Guaranteed Obligations) (1) When a plaintiff receives a request from a creditor for the performance of guaranteed obligations, he shall discharge the guaranteed obligations in accordance with Acts and subordinate statutes

Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the defendant A and the joint and several sureties shall immediately refund the following amounts:

1. Performance amount of the surety obligation;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of performance of the guaranteed obligation until the date of repayment.

4. Expenses incurred in the preservation, transfer and exercise of a right acquired as a result of the performance of a guaranteed obligation. (1) A joint and several sureties shall be jointly and severally liable with Defendant A for all obligations to be borne under this Agreement;

3. Defendant A’s credit guarantee statement issued by the Plaintiff as security on August 30, 2013.

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