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(영문) 서울중앙지방법원 2015.12.18 2014가합585346
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 232,918,978 and KRW 195,157,512 among them.

Reasons

1. Facts of recognition;

A. On December 31, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “instant credit guarantee agreement”). Under the said credit guarantee agreement, the Plaintiff issued a credit guarantee agreement with a credit guarantee number D, security deposit amount of 940,000,000, and a guarantee term of 30 December 30, 201 (which was changed to December 27, 2013 thereafter).

위 신용보증약정 당시 피고 회사의 대표였던 E과 주식회사 뉴젠팜(이하 ‘뉴젠팜’이라 한다)은 피고 회사의 원고에 대한 위 신용보증약정상 채무를 연대보증하였고, 피고 B은 2011. 10. 7. 피고 회사의 대표이사로 취임하여, 2011. 12. 19. 위 신용보증약정의 연대보증인으로 입보하였다.

On December 31, 2010, Defendant Company submitted the above credit guarantee certificate and received a general loan of KRW 940,000,000 from a new bank (hereinafter “new bank”) (hereinafter “instant loan”).

B. According to a credit guarantee agreement between the Plaintiff and the Defendant Company, where the Plaintiff performed the guaranteed obligation, the said Defendant shall pay to the Plaintiff the amount of the Plaintiff’s guaranteed obligation performance, the amount of damages for delay calculated by the Plaintiff’s rate of damages for delay (12% per annum after December 1, 2012), and the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and damages

C. The Defendant Company extended the repayment period of the instant loan from December 30, 201 to December 28, 2012, and thereafter extended from December 27, 2013 to December 27, 2013, and the credit guarantee accident occurred as it was impossible to repay the loan to a new bank until December 27, 2013, and the Plaintiff subrogated the new bank to pay the remaining principal amount of KRW 937,015,634, interest 16,375,390 on April 8, 2014.

On the other hand, the Plaintiff is indicated as follows.

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