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(영문) 서울중앙지방법원 2017.07.21 2016가합540910
구상금
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 320,596,99 and KRW 320,403,032, as to the Plaintiff.

Reasons

Facts of recognition

On November 26, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) with a term of KRW 425 million, and the term of guarantee until November 25, 2013. The Defendant Co., Ltd. was granted a loan of KRW 500 million from the Foreign Exchange Bank Co., Ltd. on November 28, 2012 upon obtaining a credit guarantee agreement in accordance with the said credit guarantee agreement.

At the time of the above credit guarantee agreement, when the plaintiff performs the credit guarantee obligation, the defendant company agreed to pay the amount subrogated by the plaintiff (amount of performance of the guarantee obligation) and the amount of damages for delay calculated at the rate determined by the plaintiff (10% per annum) from the date of payment on behalf of the plaintiff to the date of payment on behalf of the plaintiff (the date of performance of the guarantee obligation) and the expenses incurred in legal procedures therefor. On the same day, the defendant B, the representative director of the defendant company, guaranteed all the obligations owed by the defendant company to the plaintiff.

The Plaintiff and the Defendant Company extended the term of guarantee on two occasions thereafter, and on November 20, 2015, the guaranteed amount was changed to KRW 319,200,000,000, and the term of guarantee was extended until November 25, 2016.

(B) Defendant B consented to the extension of the future guarantee term at the time of the credit guarantee agreement. On March 21, 2016, the Plaintiff, such as the occurrence of the credit guarantee accident and subrogation, received notice of the occurrence of the credit accident due to delinquency in payment of interest of the Defendant Company from Han Bank Co., Ltd. (Merger of Foreign Exchange Bank Co., Ltd.) on the part of the Defendant Company. On June 16, 2016, the Plaintiff repaid the principal amount of KRW 319,200,00 (the principal amount of KRW 3,469,782) to Han Bank (the principal amount of KRW 319,20,000) on behalf of the Defendant Company. On the same day, the Plaintiff recovered KRW 2,266,750 from

On the other hand, the Plaintiff spent KRW 193,346 at the expense for the preservation, exercise, etc. of the claim for reimbursement by subrogation.

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