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(영문) 서울고등법원 2019.05.29 2018나2063212
구상금 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) obtained each credit guarantee form from the Plaintiff pursuant to each of the following credit guarantee agreements (hereinafter “each of the credit guarantee agreements of this case”) concluded with the Plaintiff, and around that time, borrowed a total of KRW 1.75 billion from the D Bank, the Industrial Bank of Korea, and the Korea Development Bank.

At this time, A (C's representative director) has jointly and severally guaranteed the obligation of C to the plaintiff under the above credit guarantee agreement.

On August 14, 2008, the term of guarantee of principal of the Loan Bank Guarantee (Extension) 1, 200 million won (270 million won) 340 million won (270 million won) of the D Bank (272 billion won) on August 14, 2009 ( August 4, 2017), the Industrial Bank of Korea of KRW 475 million (425 million) on September 5, 2009 (425 billion won) 3, 2010, 2000 won (425 billion won) 3,50 million on September 10, 2010 ( August 4, 2017) 3, 2016, the Korea Development Bank of KRW 2375 billion on April 29, 2016, KRW 500 million on April 26, 2017 (hereinafter referred to as the "Korea Development Bank of KRW 475 billion on April 26, 201698).

B. On August 8, 2017, the Plaintiff received notification of a guarantee accident from the Korea Development Bank on July 30, 2017 from the Korea Development Bank on the ground of delinquency in payment of principal and interest. On August 30, 2017, the Plaintiff subrogated to the Korea Development Bank for KRW 245,75,020 under the credit guarantee agreement of this case to the Korea Development Bank on August 25, 2017; KRW 427,393,506 under the credit guarantee agreement of this case; and KRW 239,027,07,678 under the credit guarantee agreement of this case; and ④ KRW 513,369,493 under the credit guarantee agreement of this case, respectively, on August 16, 2017, the Plaintiff subrogated to the Korea Development Bank on August 29, 2017.

total (1,425,565,697). (c)

Article 3(3) of the Credit Guarantee Agreement provides that "I, in the event that the principal obligation is not performed within the given period, pay additional guarantee fees calculated by multiplying the terminated guarantee obligation by the rate of 0.5% added to the guarantee fee rate determined by the Plaintiff."

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