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(영문) 서울중앙지방법원 2017.11.24 2016가합564992
구상금등
Text

1. Defendant A, B, and C shall be jointly and severally liable to the Plaintiff for KRW 520,238,851 and KRW 518,138,844.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement and loan agreement

(1) The term "each credit guarantee agreement of this case" in the aggregate of the credit guarantee agreements in the following table (hereinafter referred to as "credit guarantee agreements of this case"):

(2) Defendant A’s representative director, Defendant A’s representative director, jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff under each credit guarantee agreement of this case. The contents of each credit guarantee agreement of this case, i.e., the guarantee number guarantee period from March 26, 2009 to March 25, 2010 (the extension from March 20, 2016 to March 20, 2016) 375,000,000 won (the extension from March 20, 2016 to March 20, 2016 to March 10, 2016 to December 30, 2016, are as follows: (a) the amount of each credit guarantee agreement of this case, from March 10, 2016 to December 30, 2016, the amount of the guarantee obligation of Defendant A, B and the expenses incurred in compensating for the Plaintiff’s exercise of the guaranteed obligation and the expenses incurred by the Plaintiff.

3) The Plaintiff issued a credit guarantee certificate to Defendant A in accordance with each of the instant credit guarantee agreements. Defendant A provided each of the above credit guarantee certificates as collateral and borrowed KRW 500,000,000 from the Bank to Korea on March 26, 2009, and KRW 465,000 on March 10, 2016. (B) Defendant A incurred a credit guarantee accident and Plaintiff’s subrogation 1) on August 20, 2016.

On September 30, 2016, the Plaintiff subrogated for KRW 520,174,914 (i.e., principal amount of KRW 514,50,000, KRW 5,674,914) to our bank under each credit guarantee agreement of this case (i.e., KRW 514,50,00).

On the other hand, the Plaintiff collected KRW 2,345,920 from Defendant A on the same day and appropriated KRW 2,036,070 for the principal and interest of the said guaranteed amount (the money was appropriated for substitute payment) and the balance of the principal and interest of the guaranteed amount was KRW 518,138,844 (=520,174,914 - KRW 2,036,070).

2.2 The Plaintiff incurred 2,345,920 won recovered as above.

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