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(영문) 서울중앙지방법원 2016.07.01 2015가합562258
구상금 등 청구의 소
Text

1. As to KRW 267,100,265 and KRW 263,989,348 among the Plaintiff, Defendant A shall be from June 24, 2015 to November 2, 2015.

Reasons

1. Basic facts

A. In the process of receiving each loan from the Korea C&T Bank Co., Ltd. (hereinafter “C&C”) and the National Bank of Korea (hereinafter “National Bank”), the Plaintiff entered into each credit guarantee agreement (the “the first credit guarantee agreement”, the “the second credit guarantee agreement”, and the “the second credit guarantee agreement”, and the “each credit guarantee agreement” collectively referred to as the “each of the instant credit guarantee agreements”) that set the amount and time limit for the credit guarantee as set out in the table below, and issued each of the credit guarantee agreements to the Defendant A pursuant to the instant credit guarantee agreement. On the same day, the Plaintiff changed the time limit set forth below.

F E

B. Defendant A provided each of the above credit guarantee certificates as security, and received each of the loans from Citti Bank on March 20, 2012, with a maturity of KRW 80,000,000 as of March 19, 2013 (the maturity of which has been changed to March 19, 2015) and KRW 230,000,000 from the National Bank on June 10, 2013 as of June 4, 2014 (the maturity of which has been changed to June 4, 2015).

(hereinafter referred to as “each of the instant loans”) C.

Under each credit guarantee agreement of this case, the Plaintiff and Defendant A agreed to pay the Plaintiff the amount of subrogation, ② the amount of delay calculated by the interest rate set by the Plaintiff from the date the Plaintiff performed the guaranteed obligation to the date of full payment of the amount of subrogation, ③ penalty, ④ the amount of penalty, ④ the amount of the Plaintiff’s right acquired through the discharge of the guaranteed obligation, and the expenses incurred in the transfer and exercise

Meanwhile, the rate of damages for delay determined by the Plaintiff is 12% per annum from June 24, 2015 to the present.

After that, Defendant A did not pay interest on each of the loans of this case, and the Plaintiff on June 24, 2015 on behalf of Defendant A.

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