logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.09 2015가단5142003
구상금 등
Text

1. Defendant A farming association corporation, B, and C shall be jointly and severally owned to the Plaintiff KRW 124,856,860 and KRW 116,379,230 among them.

Reasons

Facts of recognition

A. On March 11, 2013, Defendant A Agricultural Partnership (hereinafter “Defendant A”) entered into an export credit guarantee agreement between the Plaintiff and the Plaintiff, setting the credit guarantee limit of KRW 123,500,000 and March 12, 2014 with respect to monetary liabilities that the Defendant A would have received and will incur from the Gwangju Bank in connection with export transaction, with which the Plaintiff would have entered into an export credit guarantee agreement with the period of payment on March 5, 2014. On March 13, 2013, the Plaintiff obtained a credit guarantee agreement from the Gwangju Bank with the Plaintiff and obtained a loan from the Gwangju Bank as the due date of payment on March 5, 2014.

B. At the time of the above credit guarantee agreement, Defendant B, a representative director of the defendant corporation, guaranteed the obligation to the Plaintiff of the defendant corporation under the above credit guarantee agreement.

C. According to the above credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the principal obligor and the joint guarantor shall pay the amount of the guaranteed obligation, damages for delay calculated by the rate prescribed by the Plaintiff (11%) from the day following the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in exercising the right acquired by the Plaintiff.

On March 5, 2014, the defendant corporation lost the benefit of time due to overdue loans, and the Gwangju Bank notified the plaintiff of the occurrence of the guarantee accident.

Accordingly, on July 30, 2014, the Plaintiff paid the principal and interest of KRW 116,379,230 to the Gwangju Bank on behalf of the Defendant Corporation, and paid KRW 8,477,630 to the expenses for preserving the claim.

E. Around October 23, 2013, Defendant C Co., Ltd. (hereinafter “Defendant C”) agreed to incorporate the assets and liabilities of the Defendant corporation and the Defendant corporation into Defendant C, and jointly assumed the liability for reimbursement against the Plaintiff of the Defendant corporation.

【Defendant Corporation, Corporation: Defendant B: The fact that there is no dispute, Gap evidence Nos. 1 through 12 (including each number), and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the defendant corporation, the defendant B, and the defendant.

arrow