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(영문) 서울중앙지방법원 2016.10.06 2015가단5353926
구상금
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. Defendant A, B, and C are jointly and severally liable to the Plaintiff on 22,067.

Reasons

1. Basic facts

A. On October 25, 2010, the Plaintiff is a credit guarantee agreement 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

between the Defendant Company and the National Bank, Inc. (hereinafter “National Bank”).

(C) A credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) concluded on October 24, 201 with respect to the obligation to obtain a loan from the surety principal of KRW 50,000,000 (whichever is later changed to KRW 45,00,000) and on October 24, 2011 (which is later extended to January 17, 2014) (hereinafter referred to as the “instant credit guarantee agreement”).

(2) Under the credit guarantee agreement of this case, Defendant B and C jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff under the credit guarantee agreement of this case. (2) Under the credit guarantee agreement of this case, when the Defendant Company failed to perform its guaranteed obligations against a national bank, and the Plaintiff performed its guaranteed obligations on behalf of the Plaintiff on behalf of the said Defendant, the Defendant Company and its guarantor must pay the amount of the guaranteed obligations and the expenses incurred in the performance of the guaranteed obligations, the expenses incurred in the preservation, transfer, and exercise of the rights acquired through the performance of the guaranteed obligations, the expenses incurred in the performance of the guaranteed obligations

The rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.

B. A credit guarantee accident and subrogation (1) Defendant Company was granted a loan from a national bank under a credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement in this case, but it was unable to pay interest on the loan, which caused a credit guarantee accident on January 16, 2014. (2) The Plaintiff subrogated 45,662,893 won to the national bank on April 30, 2014 in accordance with the credit guarantee agreement in this case, and collected KRW 25,00,000 as a installment repayment under the following installment repayment agreement. The penalty to be paid to the Plaintiff under the credit guarantee agreement in this case due to the Defendant Company’s failure to perform its principal obligation is KRW 10,600,600.

(c) a installment repayment contract and partial performance 1.

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