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(영문) 서울고등법원 2017.08.23 2016나2063485
구상금 등
Text

1. The part of the judgment of the court of first instance, including a claim for exchange change in the trial, against the Defendants is as follows.

Reasons

1. Basic facts

A. 1) The Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial.

between A and a national bank, Inc. (hereinafter referred to as “national bank”) as described in the following table:

(2) The credit guarantee agreement of this case (hereinafter referred to as the “each credit guarantee agreement of this case”) provides a guarantee for the repayment of loans to the Corporation.

C. On December 16, 201, as of December 14, 201, KRW 427,500,000 from a national bank on December 14, 2014, KRW 675,000,000 from a national bank on November 14, 2013, KRW 675,00,000 from a national bank on November 12, 201, KRW 882,00,00,000 from a total of KRW 1,102,50,000 from a national bank on November 12, 201, KRW 1,02,50,00 from a loan extended to a loan bank on the guarantee date, C, a real operator of A, under each credit guarantee agreement, has jointly and severally guaranteed the liability to compensate the Plaintiff under each credit guarantee agreement.

3) According to each credit guarantee agreement of this case, upon the Plaintiff’s performance of the guaranteed obligation, A shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated by the rate set by the Plaintiff (12% per annum) from the date of the performance of the guaranteed obligation to the date of full payment. (b) A’s loan and the Plaintiff’s subrogation 1) obtained a loan from a national bank as security by the credit guarantee letter issued under each of the credit guarantee agreements of this case on December 16, 201 and November 15, 2013 (hereinafter “the instant loan 1” or “the instant loan 2”) as indicated in the above table, and lost the interest of each of the loans due to the suspension of check account transactions on September 15, 2014.

2) On September 15, 2014, the Plaintiff received notice from the National Bank of occurrence of a credit guarantee accident, and on October 6, 2014, subrogated to the National Bank for KRW 322,11,123 of the principal and interest of the instant loan and KRW 543,202,214 of the principal and interest of the instant loan and KRW 543,202,214 of the instant loan and collected KRW 1,941,043 of the subrogated amount of the instant loan and KRW 1,941,043 of the subrogated amount of the instant loan and KRW 1,20,170,080 among the subrogated amount of the instant loan and KRW 6, 204.

(3) The plaintiff is entitled to pay damages.

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