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(영문) 서울중앙지방법원 2016.11.22 2016가합503652
구상금 등 청구
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 302,075,276 and KRW 180,405,164 among them, from December 2, 2015 to December 12, 121.

Reasons

Description of Claim

On September 5, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the credit guarantee period from September 5, 2013 to September 4, 2014, with the credit guarantee principal of KRW 180,00,000 (hereinafter “instant first guarantee agreement”), and entered into a credit guarantee agreement with the credit guarantee principal of KRW 180,000,00, respectively (hereinafter “instant second guarantee agreement”).

At the time of the conclusion of the first and second guarantee agreement of this case, Defendant B jointly and severally guaranteed all obligations owed to the Plaintiff of the Defendant Company.

On September 5, 2013, pursuant to the instant first guarantee agreement, the Plaintiff issued an individual credit guarantee agreement with the Defendant Company as the Defendant Company, on September 4, 2014, with respect to the obligation to pay the principal and interest of KRW 200,000,000,000,000,000,000,000,000,000,0000,000,000,0000,000,0000,0000,000,0000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,0000

On October 2015, the Defendant Company lost the benefit of time due to the occurrence of a guarantee accident due to overdue payment, etc. with respect to each obligation of loans to the Seocho Branch of the Bank and the International Electronic Center of the Foreign Exchange Bank.

On December 2, 2015, the Plaintiff subrogated for KRW 182,03,654 on the basis of the credit guarantee form issued on September 5, 2013 to the Bank of Korea on December 2, 2015, and KRW 121,658,982 on January 7, 2016 to Han Bank Co., Ltd. (foreign Exchange Bank Co., Ltd.) on the basis of the credit guarantee form issued on July 21, 2015.

During this process, the Plaintiff collected KRW 1,628,490 from December 2, 2015 to January 7, 2016 and appropriated it to the principal of the subrogated amount, and 1,766.

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