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(영문) 서울중앙지방법원 2017.11.21 2016가합574944
구상금 등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 257,09,052 and KRW 256,973,322 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is a non-profit special corporation established for the purpose of contributing to the development of the national economy by guaranteeing the debt of an enterprise which lacks security capacity under the Credit Guarantee Fund Act and facilitating its financing. 2) The Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that aims at the manufacturing business of automobile parts, and the Defendant B is an internal director that is the representative of the Defendant Co., Ltd.

B. (1) On June 5, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant Company with the content that the Plaintiff guarantees the Defendant Company’s loan obligations (hereinafter “instant credit guarantee agreement”).

(1) The first bank (hereinafter referred to as “one bank”) shall enter into the agreement and on the same day.

The credit guarantee number D, 297,500,000 won, and the credit guarantee term was issued on June 4, 2014 (the amount to be guaranteed was 252,70,000 won, and the guarantee term was changed by December 2, 2016.

(2) At the time of concluding the instant credit guarantee agreement, Defendant B jointly and severally guaranteed the liability for indemnity that the Defendant Company owes to the Plaintiff pursuant to the said agreement.

3) According to the instant credit guarantee agreement, when the Plaintiff performed a guaranteed obligation, the Defendant Company shall pay to the Plaintiff the amount of the guaranteed obligation and the amount calculated by the ratio set by the Plaintiff (10% per annum) as to the performance of the guaranteed obligation, as well as the legal procedural expenses. C. The Plaintiff’s subrogation 1) received from the Defendant Company on September 13, 2016, the notice of credit insolvent due to the natural body of the Defendant Company on July 14, 2016.

2) On November 8, 2016, the Plaintiff, on behalf of the Defendant Company, subrogated to Han Bank for the principal amounting to KRW 256,973,322 in accordance with the instant credit guarantee agreement (i.e., the principal amount (i., the interest amounting to KRW 4,273,32 from July 14, 2016 to November 7, 2016). In order to preserve the joint and several surety claim against Defendant B, the Plaintiff is recorded in the attached list owned by Defendant B.

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