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(영문) 서울중앙지방법원 2015.08.18 2014가단5294877
구상금
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 204,105,109 and KRW 201,47,424 of the said money.

Reasons

1. Facts of recognition;

A. (1) On July 22, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (the trade name before the change: H. hereinafter “A”) on the following terms: Defendant B, C, and D jointly and severally guaranteed the Defendant A’s indemnity liability arising from the said credit guarantee agreement.

On July 22, 2010, the term of guarantee principal 200,000, the term of credit guarantee agreement for the guarantee of corporate general loan obligation to be received from a national bank: In the event that the plaintiff performs the guarantee obligation, the defendant A and the joint guarantor shall pay the amount of the plaintiff's performance of the guarantee obligation and the damages for delay in accordance with the interest rate (12% per annum from December 1, 2012 to the date of full payment of the guarantee obligation) designated by the plaintiff (12% per annum) from the date of full payment of the guarantee obligation, including expenses for the performance of the guarantee obligation, substitute payment, various expenses for the preservation of rights, and the guarantee fee, etc. (2) after the credit guarantee agreement of this case was received from the national bank as security, and the credit guarantee agreement of this case was renewed every one year, and the defendant A delayed the loan obligation of the national bank, and on July 18, 2014, the national bank notified the plaintiff of the occurrence of the guarantee obligation and requested the performance of the credit guarantee obligation.

(3) On August 29, 2014, the Plaintiff repaid 201,47,424 won of the principal and interest of a debt to a national bank as a result of the performance of a credit guarantee obligation, and a substitute payment, additional guarantee fee, etc. arose in the course of performing the guaranteed obligation. The specific details are as follows:

The current status of claims for indemnity (unit: the original amount) the amount of indemnity deposit and the amount of guarantee (amount of guarantee) the creditor bank's loan (amount of guarantee) the date of guarantee for the loan to the creditor bank, i.e., the sum of the guarantee fees for substitute payments in addition to the amount of substitute payments on the date of joint and several subrogation for the guarantor (200,000

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