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(영문) 서울중앙지방법원 2015.05.12 2013가합553618
구상금
Text

1. The Plaintiff:

A. As to KRW 1,510,393,057 and KRW 1,509,345,347 among them, Defendant A Co., Ltd.

Reasons

1. Basic facts

A. The amount guaranteed on September 24, 2008, the date of credit guarantee agreement and the date of credit guarantee agreement (if 1,200,000,000 September 30, 2008, the extension shall be 688,500,000 September 23, 2009 (no later than September 17, 2013), shall be 306,000,000,000 on September 24, 2008 (no later than June 26, 2017) by June 26, 2010 (the extension until June 20, 2014); and

(1) The Plaintiff entered into a credit guarantee agreement and received a loan from the Industrial Bank of Korea as collateral under the credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter referred to as the “instant credit guarantee agreement”).

(2) On January 25, 2013, Defendant B and Defendant C jointly and severally guaranteed KRW 600,000,000 among the instant arrangement, KRW 212,50,000,000 among the instant arrangement 2, and KRW 1,000,000,000 among the instant arrangement 3, and KRW 850,000,000 among the instant arrangement 4, and interest, delay damages, expenses, etc. thereof.

3) In the event that the Plaintiff performed the guaranteed obligation, the principal content of each credit guarantee agreement of this case is that the Defendant Company and the joint guarantor shall pay the amount subrogated by the Plaintiff to the Plaintiff and the damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation to the date of full payment (from December 1, 2012 to the date of full payment).

B. On August 1, 2013, the Plaintiff, including the Plaintiff’s subrogation, subrogated for KRW 1,511,842,527 to the Industrial Bank of Korea on October 25, 2013 when a credit guarantee accident occurred.

On the same day, the Plaintiff recovered KRW 2,497,180, and appropriated it for part of the principal of the loan under the agreement of this case under the first agreement, and 820,000, as a final and conclusive interest on the collection amount and damages.

Until the expiration of the term of guarantee by the defendant company.

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