logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.28 2015가합559948
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 131,462,561 and KRW 111,023,076 among them.

Reasons

1. Basic facts

A. Conclusion of a credit guarantee agreement and the Plaintiff’s performance of the guaranteed obligation 1) The Plaintiff Company A (hereinafter “Defendant Company”).

(1) The credit guarantee agreement between the two parties (hereinafter referred to as “each of the credit guarantee agreements of this case”) shall be as follows:

(2) The Defendant Company issued a credit guarantee certificate to the Defendant Company, and provided a credit guarantee within the scope of the following credit guarantee with respect to the principal and interest to be borne by the Defendant Company by receiving a loan from the Han Bank and Korea Bank. Defendant B, the representative director of the Defendant Company, under each of the above credit guarantee agreements, has jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff pursuant to the above credit guarantee agreements. The Defendant Company received KRW 200,000,000 from the Han Bank as collateral each of the above credit guarantee certificates as well as KRW 170,000,000,000,000 on June 14, 2018, 2013 from the Han Bank as collateral:

(3) Under each credit guarantee agreement of this case, the Plaintiff and the Defendant Company agreed on the amount of the obligation to repay to the Plaintiff when the Plaintiff performed the guaranteed obligation to the lending bank, as well as the amount of the obligation to repay to the Plaintiff, calculated at the rate of 15% per annum from April 27, 2015 to April 28, 2015, and 12% per annum from the next day to the closing date of argument of this case) determined by the Plaintiff from the date of the repayment of the guaranteed obligation, including the amount of the obligation to repay to the Plaintiff, the expenses incurred in the discharge of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the discharge of the guaranteed obligation, the unpaid guarantee fee, delay in the guarantee fee, etc. (4) around March 3, 2015, Defendant Company lost the interest of the time limit for the loan of this case, thereby

5 The plaintiff around April 27, 2015, on behalf of the defendant company, 150,194,203 won and us bank.

arrow