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(영문) 서울중앙지방법원 2015.04.09 2014가합531356
구상금 등
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 967,115,753 and the above KRW 964,898.

Reasons

1. Basic facts

A. On July 21, 2008, the Plaintiff issued a credit guarantee certificate with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the guaranteed principal amount of KRW 612,00,000 (85%) in accordance with the credit guarantee agreement with Defendant A (hereinafter “Defendant A”), and Defendant A guaranteed the obligation to repay the principal and interest of KRW 720,000,000 for receiving a corporate ordinary loan from the National Bank within the scope of the above guarantee agreement.

(hereinafter “Case of First Guarantee Agreement”). (b)

On July 15, 2010, pursuant to a credit guarantee agreement with Defendant A, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 513,60,000 (the guaranteed principal of KRW 80%) and guaranteed the obligation to repay the principal and interest of KRW 642,00,000 from a national bank with the national bank within the scope of the above guarantee ratio.

(hereinafter referred to as “the second guarantee agreement case”). (c)

Defendant B and Defendant C, the representative director of Defendant A, jointly and severally guaranteed all the obligations of Defendant A to the Plaintiff under the aforementioned credit guarantee agreement.

On November 1, 2013, Defendant A caused a credit guarantee accident that would lose the benefit of each of the above loans on its own account, and on December 24, 2013, the Plaintiff, as a guarantor, subrogated to the National Bank totaling KRW 970,780,455 [the principal amount = KRW 527,703,552 [the principal amount = KRW 4,443,552, the subrogated payment under the Second Guarantee Agreement (the principal amount of KRW 523,260,00), KRW 443,076,903 (the principal amount of KRW 439,128,000, KRW 3948,903)];

E. Meanwhile, the Plaintiff recovered KRW 5,882,070 out of the amount of subrogated payment under the first guarantee agreement, thereby becoming KRW 521,821,482. Accordingly, the amount of damages for finalized delay is KRW 1,933. Of the legal procedure costs incurred by the Plaintiff for the preservation, etc. of the claim for reimbursement, the unpaid amount is KRW 2,215,435.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Claim against Defendant A, Defendant B, and Defendant C

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