logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.11.21 2014가합547443
구상금 등 청구의 소
Text

1. Defendant A and B Co., Ltd. jointly and severally with the Plaintiff KRW 179,756,053 and KRW 178,320,831 out of the above amount.

Reasons

Description of Claim

The Plaintiff entered into a credit guarantee agreement with the Defendant Company twice as follows, and the Defendant B jointly and severally guaranteed the above credit guarantee agreement.

(2) On March 21, 2012, the Plaintiff changed the guarantee period to April 21, 201 as to the Defendant Company: (i) the guarantee period of KRW 8,55 million on April 27, 2011; (ii) the guarantee period of KRW 8,55 million on April 27, 2012; and (iii) the guarantee period of April 27, 2012 to April 26, 2013; and (iv) the guarantee period of April 25, 2012 to April 25, 2014; and (iv) the respective guarantee period of April 25, 2013 to April 25, 2014; and (v) the respective guarantee period of April 25, 2013 to April 2013; and (v) the respective guarantee period of April 25, 2013 to April 25, 2014.

Meanwhile, according to the above guarantee, the Industrial Bank of Korea loaned KRW 100,000,000 to the Defendant Company on April 29, 201, with the term of loan extended on April 30, 2011. The loan was modified on April 25, 2014 through an additional agreement to change or add the terms and conditions of transaction on three occasions. ② The loan was extended on March 24, 201 as the term of loan extended on March 22, 2012; and thereafter, on two occasions, the term of loan extended on March 21, 2014.

The Defendant Company did not pay the principal on March 22, 2014. On June 24, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 178,320,831 in total, 178,320,831 on behalf of the Defendant Company.

The Plaintiff sought payment of (i) penalty of KRW 178,320,831 from the date following the expiry date of the guarantee period to the date prior to the date of the subrogated repayment pursuant to the credit guarantee agreement, and (ii) KRW 545,610 from the date following the expiry date of the guarantee period to the date of the subrogated payment (i) KRW 221,120, ② surety 324,490,612 (= KRW 814,012, KRW 75,600) and KRW 179,756,053 (= KRW 178,320,831, KRW 545,610).

The plaintiff filed a claim for the revocation of a fraudulent act on March 10, 2014, immediately before the occurrence of the credit guarantee accident of the principal in arrears by Defendant B.

arrow