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(영문) 서울중앙지방법원 2016.08.18 2015가단5384142
구상금 등 청구의 소
Text

1. The defendant (Appointed Party) and the appointed party B Co., Ltd. shall jointly and severally serve as the plaintiff 43,526,437 won and 43,41.

Reasons

1. Basic facts

A. On March 9, 2011, the Plaintiff entered into a credit guarantee agreement with the designated company B (hereinafter “designated company”) for the guarantee principal of KRW 45,00,00,000, and the guarantee period from March 9, 2011 to March 8, 2012 (the guarantee period thereafter was changed to KRW 42,50,00,000, respectively; hereinafter “instant credit guarantee agreement”) and the credit guarantee agreement was issued to the designated company pursuant to the said credit guarantee agreement, but the Defendant (only the appointed party; hereinafter “Defendant”) jointly and severally guaranteed all obligations owed by the selected company in accordance with the said credit guarantee agreement.

B. Under the credit guarantee agreement of this case, where the selected company did not repay the guaranteed debt, such as loans based on the credit guarantee agreement, and the Plaintiff performed the guaranteed debt, the selected company and the joint guarantor agreed to reimburse the Plaintiff the amount of the guaranteed debt performance, expenses incurred in the performance of the guaranteed debt, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed debt, and damages for delay as

On the other hand, the interest rate determined by the Plaintiff regarding the damages for delay is 12% per annum from December 1, 2012 to the date.

C. The designated company received 50,000,000 won from the bank as collateral a credit guarantee certificate issued under the instant credit guarantee agreement around the date of the said credit guarantee. On June 22, 2015, the designated company lost the benefit of the time limit for the said loan due to overdue interest.

On October 13, 2015, the Plaintiff paid 43,441,193 won to our bank on behalf of the designated company in accordance with the notice of occurrence of the credit guarantee accident, and paid 85,244 won at the expense of preserving the rights acquired through the discharge of the guaranteed obligation.

On June 10, 2015, the Defendant: (a) each of the real estate listed in the separate sheet to the designated parties C (hereinafter “each of the instant real estate”).

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