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(영문) 서울중앙지방법원 2020.05.26 2019가단5000336
구상금 등 청구의 소
Text

1. Defendants A, B, and C are jointly and severally liable to the Plaintiff, and KRW 77,964,330 among them and KRW 77,828,420 among them.

Reasons

1. Basic facts

A. (i) On June 5, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A limited liability company (hereinafter “A”) and issued a credit guarantee agreement to guarantee the repayment of loans related to small and medium enterprise funds loans that Defendant A would have to receive from the Industrial Bank of Korea (hereinafter “Industrial Bank”), with the term “(i) the number E, the guaranteed principal amount of KRW 90,000,000 (90%) and June 5, 2015 (the next change to May 31, 2019)” (hereinafter “instant credit guarantee agreement”).

Defendant B and Defendant C, the representative director of Defendant A, were jointly and severally and severally liable for reimbursement against the Plaintiff based on the instant credit guarantee agreement.

D. According to the instant credit guarantee agreement, the Plaintiff agreed to reimburse ① the amount of subrogation, delay damages at the interest rate determined by the Plaintiff from the date of payment to the date of full payment for the amount of credit guarantee not yet terminated, ② additional guarantee fees from the day following the date of payment for the guarantee fee to the day before the date of termination of the guarantee, ③ legal procedure expenses, etc. paid by the Plaintiff in order to execute or preserve his/her right by performing the guaranteed obligation. The agreed delay interest rate determined by the Plaintiff is 12% per annum from June 1, 2015 to January 31, 2018, and 10% per annum from February 1, 2018 to the present.

B. Upon the occurrence of a guarantee accident and the payment of a deposit, Defendant A borrowed KRW 100,00,000 from the bank of Nonparty on June 9, 2014 as collateral a credit guarantee letter issued by the Plaintiff. From September 4, 2018, the occurrence of a guarantee accident and the occurrence of a guarantee accident occurred. On October 1, 2018, Nonparty A filed a claim for the performance of the guaranteed obligation with the notification of a credit guarantee accident on December 27, 2018, the Plaintiff filed a claim with Nonparty bank for the performance of the guaranteed obligation.

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