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(영문) 서울중앙지방법원 2017.05.19 2016가합520947
구상금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 510,985,573 and KRW 456,243,032 from March 18, 2016 to KRW 456,243,032.

Reasons

Basic Facts

On January 21, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), which guarantees the Plaintiff’s performance of obligation to repay loans to the Plaintiff’s Bank (hereinafter “Korea Bank”) on a fixed basis as of January 21, 2015, including the conclusion of a credit guarantee agreement and the issuance of a credit guarantee letter, with the Defendant A Co., Ltd. (hereinafter “Defendant A”). On the same day, Defendant A obtained a credit guarantee agreement under the instant guarantee agreement and obtained a loan of KRW 500,000 from Korea Bank.

After that, the period of guarantee was changed on January 21, 2016.

According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation of this case, Defendant A shall pay the amount subrogated by the Plaintiff to the Plaintiff, delay damages from the date of subrogation to the date of repayment, compensation for the rights acquired by the Plaintiff as subrogation, expenses incurred in the transfer and exercise of the rights acquired by subrogation, and additional guarantee fees. The agreed delay damages rate for the subrogated amount is ten percent per annum from February 1, 2016 to the date.

At the time of the conclusion of the instant guarantee agreement, the Network E, a representative director of Defendant A, guaranteed all obligations owed by Defendant A to the Plaintiff in accordance with the instant guarantee agreement.

On November 25, 2015, the credit guarantee accident occurred to Defendant A due to the loss of term profit by subrogation of the Plaintiff.

On March 18, 2016, the Plaintiff repaid KRW 456,243,032 to the Bank on behalf of the Defendant A.

Meanwhile, Defendant A’s additional guarantee fee is KRW 1,242,730, and the claims preservation fee is KRW 53,551,511, and the Plaintiff appropriated KRW 51,700 recovered from Defendant A for the above claims preservation expense.

Attached Form

The network E sets up a collateral on real estate recorded in the list provides that with respect to the real estate indicated in the separate sheet (hereinafter referred to as “instant real estate”) owned by Defendant D on May 19, 2015, the debtor’s net E and maximum debt amount shall be KRW 1,00,000,000.

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