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(영문) 서울중앙지방법원 2016.10.07 2015가합562197
구상금 등 청구의 소
Text

1. As to Defendant A and B’s joint and several liability for KRW 395,247,439 and KRW 49,986,852 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on July 8, 2015.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement of this case with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) on 0.10, 200, 300, 100, 300, 100, 200, 300, 300, 200, 2000, 15, 200, 200, 200, 300, 200, 300, 205, 200, 200, 300, 200, 15, 200, 200, 200, 30, 200, 15, 200, 200, 30, 300, 15, 208, 205, 205, 20, 300, 300, 205, 205, 205, 2010

According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation of Defendant A, Defendant A and B shall pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the Plaintiff by the Plaintiff’s rate (12% per annum from December 1, 2012 to the date of repayment of the guaranteed obligation), expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, penalty (the amount calculated by multiplying the guaranteed obligation incurred due to the principal debtor’s failure to perform the principal obligation within the given period by the rate of 5 percent per annum), etc.

The Plaintiff’s loan and the Plaintiff’s subrogation for the Defendant A issued each credit guarantee letter to the Defendant A with the same content as the instant credit guarantee agreement, and the Defendant A respectively.

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