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(영문) 서울중앙지방법원 2015.06.09 2014가합541643
구상금 등
Text

1. Defendant Non-SPD Co., Ltd. and A jointly and severally KRW 274,141,910 among them and KRW 271,951,811 among them.

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) The Plaintiff, a non-indicted S&D Co., Ltd. (hereinafter “Defendant Company”).

B) As to the obligation to be loaned by the Defendant Company from the Bank, the credit guarantee agreement between the Defendant Company and the Bank (hereinafter “instant credit guarantee agreement”) is as follows:

The credit guarantee principal of the credit guarantee principal of December 11, 2007 and the credit guarantee agreement between December 11, 2007 and December 10, 2008 (hereinafter referred to as the “credit guarantee agreement of this case”) set forth in the credit guarantee agreement between December 11, 2007 and December 10, 2008.

(2) (2) A credit guarantee agreement concluded between February 17, 2009 and February 16, 2010 on the credit guarantee principal amounting to KRW 200,000,000, and the guarantee period from February 17, 2009 to February 16, 2010 (hereinafter “instant credit guarantee agreement”).

(2) As security each credit guarantee letter issued by the Plaintiff, the Defendant Company received a loan of KRW 115,00,000 from the Bank on December 12, 2007, based on the credit guarantee agreement of this case, and KRW 200,000,000 according to the credit guarantee agreement of this case on February 25, 209.

3) According to each credit guarantee agreement of this case, the credit guarantee agreement of this case was amended to December 6, 2013 as the guaranteed amount of KRW 87,975,00, and the guarantee term of KRW 180,000,000, and the guarantee term of KRW 14, 2014, respectively. (4) According to each of the credit guarantee agreements of this case, the Plaintiff shall pay by subrogation the Plaintiff when the Defendant Company is unable to repay its loan obligations. The Defendant Company shall pay the Plaintiff damages for delay calculated by the rate determined by the Plaintiff (12%) from the date of vicarious payment and the date of vicarious payment to the date of full payment (12%) and the expenses, penalty, etc. paid by the Plaintiff in order to enforce or preserve its rights.

At the time of each credit guarantee agreement in this case, Defendant A jointly and severally guaranteed all obligations to be borne by the Defendant Company to the Plaintiff pursuant to each credit guarantee agreement in this case.

B. The Plaintiff’s subrogated Defendant Company lost the benefit of time due to overdue loans, and the Plaintiff’s credit guarantee agreement on March 20, 2014 as to the instant credit guarantee agreement on March 20, 2014.

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