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(영문) 서울중앙지방법원 2014.09.24 2013가합554031
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd. 230,544,538 won and 229,094,938 won among them:

B. Defendant B and C shall:

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee and subrogation due to the occurrence of a guarantee accident 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

) The Plaintiff and the Plaintiff enter into a credit guarantee agreement of KRW 225,00,000 on May 16, 2013 and the guaranteed amount of KRW 225,00,00 (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”).

(2) Article 10 of the Credit Guarantee Agreement provides that, upon the Plaintiff’s receipt of a credit guarantee certificate from the Plaintiff, the primary debtor and the joint guarantor shall be 12% per annum from June 19, 2013 to the date of full payment of the guaranteed obligation, the primary debtor and the joint guarantor shall be 12% per annum from the date of full payment of the guaranteed obligation and the amount of the guaranteed obligation to the date of full payment of the guaranteed obligation (12% per annum from June 19, 2013 to the date of full payment of the guaranteed obligation). Article 5(1) provides that, when the primary debtor violates the principal obligation and the creditor of the credit guarantee claim for the discharge of the guaranteed obligation from the creditor of the guaranteed obligation (Article 8), the principal debtor and the joint guarantor may claim the amount of the guaranteed obligation in advance without notification or demand from the principal debtor and the joint guarantor.

3) Defendant B and C guaranteed 12,50,00 won among the guaranteed principal that the Defendant Company owes to the Plaintiff pursuant to the instant credit guarantee agreement and interest or additional expenses that the Plaintiff additionally bears to the creditor of the credit guarantee. The scope of repayment includes ① damages for delay calculated at the rate determined by the Plaintiff (12% per annum from June 19, 2013 to the date of full payment) from the date of the performance of the guaranteed obligation to the date of full payment; ② additional guarantee fees and other expenses multiplied by the rate equivalent to the said amount of the guaranteed obligation out of the total amount of the guaranteed obligation; and ④ the amount calculated by multiplying the delayed performance of the guaranteed obligation by the rate equivalent to the said amount of the guaranteed obligation out of the total amount of the guaranteed obligation.

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