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(영문) 서울중앙지방법원 2018.05.29 2017가단5041692
구상금 등 청구의 소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 91,235,412 and KRW 90,290,511 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on September 27, 2013.

between Defendant A and the Company Bank Co., Ltd. (hereinafter referred to as “Inward Bank”).

(2) On September 26, 2014, the term of the credit guarantee agreement was set at KRW 90,00,000 of the guaranteed principal, and the term of the credit guarantee agreement was extended on September 23, 2014 until September 25, 2015, and September 23, 2015, respectively. (2) At the time of the credit guarantee agreement of this case, the term of the guarantee agreement of this case was extended until September 23, 2016, when the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, the Defendant A was the Plaintiff; (1) the amount paid by the Plaintiff for the performance of the guaranteed obligation of this case; (2) the expenses paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation; (3) the expenses paid by the Plaintiff for the discharge of the guaranteed obligation; and (4) the expenses paid by the Plaintiff for the preservation, transfer and exercise of the obligation acquired by the Plaintiff; and (2) the Defendant B agreed to pay all the obligation of the Defendant A related to the credit guarantee agreement of this case.

B. On September 27, 2013, Defendant A obtained a loan of KRW 100,00,000 from the branch of a corporate bank on the basis of the foregoing guarantee agreement. (2) Defendant A lost the benefit of the period for the above loan on September 9, 2016, Defendant A notified the Plaintiff of the credit guarantee accident on the same day, and accordingly, the Plaintiff performed the guaranteed obligation by subrogation at the bank 90,290,511 on November 17, 2016.

3. When a debtor who has been granted a credit guarantee fails to discharge his/her guarantee obligation due to his/her failure to discharge his/her obligation within the given period, the penalty collected by the plaintiff from the relevant debtor shall be 32,700 won in total, and the outstanding amount among the legal procedure expenses incurred by the plaintiff for the execution, preservation, exercise, etc. of the above indemnity claim,

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