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(영문) 서울중앙지방법원 2015.03.10 2013가합559746
구상금등 청구의 소
Text

1. Defendant C and D are jointly and severally liable to the Plaintiff Credit Guarantee Fund for KRW 442,59,342 and KRW 439,504,192.

Reasons

1. Basic facts

A. The credit guarantee agreement between the Plaintiff Credit Guarantee Fund and the Defendant C and the joint and several guarantee 1) The Plaintiff Credit Guarantee Fund is the Defendant C Co., Ltd. (hereinafter “C”) on April 8, 2009

As between April 8, 2009 and April 7, 2010, the guaranteed principal amount is KRW 500 million, and the guarantee period is from April 8, 2009 to April 7, 2010, the Plaintiff’s corporate bank (former trade name: Industrial Bank of Korea; hereinafter “Corporate Bank”).

(3) the credit guarantee agreement of this case (hereinafter “the credit guarantee agreement”) provides that the credit guarantee agreement provides a guarantee for a loan obligation to the person;

(2) At the time of the credit guarantee agreement of this case, the Plaintiff and Defendant C agreed to pay the Plaintiff’s credit guarantee fund the amount of the Plaintiff’s loan on behalf of the Defendant C for the performance of the guaranteed obligation; (1) the amount of the Plaintiff’s repayment of the guaranteed obligation; (2) the amount calculated at the rate prescribed by the Plaintiff Credit Guarantee Fund from the date of the repayment of the guaranteed obligation to the date of the repayment of the guaranteed obligation; (3) the amount of penalty [the amount calculated by adding the rate of the guarantee fee determined by the Plaintiff’s Credit Guarantee Fund per annum to the date of the repayment of the guaranteed obligation (2.2%) the amount of the guaranteed obligation plus the rate of 0.5% per annum as to the principal of the loan remaining after the expiration of the due date until the date of the repayment of the guaranteed obligation; and (4) the expenses incurred in the preservation, transfer and exercise of the right acquired through the repayment

3) At the time of the instant credit guarantee agreement, Defendant C and Defendant D, as an internal director of Defendant C, jointly and severally guaranteed all obligations owed by Defendant C to the Plaintiff Credit Guarantee Fund in accordance with the instant credit guarantee agreement. B. Defendant C’s loan, etc. (i) on April 9, 2009, based on the instant credit guarantee agreement, was determined on April 7, 2010 as the period during which the corporate bank was due and extended KRW 500 million from the corporate bank.

2 thereafter, the content of the credit guarantee agreement of this case is KRW 440 million with the guaranteed principal.

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