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(영문) 서울중앙지방법원 2014.05.30 2013가단5100005
구상금 등 청구의 소
Text

1. Defendant A and B, jointly and severally, jointly and severally, against the Plaintiff KRW 44,00,078 and KRW 43,351,128, respectively, from April 10, 2013 to November 2013.

Reasons

1. Basic facts

A. On November 24, 2010, the Plaintiff entered into a credit guarantee agreement with the Plaintiff and Defendant A and B (hereinafter “instant credit guarantee agreement”) with the Plaintiff, setting the credit guarantee limit amount to KRW 42,50,000, and the guarantee period as of November 24, 201, with respect to monetary liabilities that Defendant A would incur upon loans from a new bank by the Defendant A, as of November 24, 201 (hereinafter “instant credit guarantee agreement”).

(2) On November 24, 2010, the Plaintiff issued a credit guarantee certificate with the coverage amount of KRW 42,500,000, and the term of guarantee period of November 24, 2011 (hereinafter the term of guarantee changed to November 23, 2012) to the new bank on November 24, 201 in accordance with the credit guarantee agreement of this case. Defendant A borrowed KRW 50 million from the new bank on November 24, 2011.

3) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, Defendant A and B agreed to pay the amount of the guaranteed obligation, (1) the rate and calculation method set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, (2) the expenses incurred in the performance of the guaranteed obligation, (4) the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, (5) the unpaid guarantee fee, overdue guarantee fee, and additional guarantee fee. (2) Defendant A lost the benefit of the repayment of the loan to the new bank due to the closure of business on October 15, 2012, and the Plaintiff performed the guaranteed obligation by subrogation of KRW 43,351,128 on April 10, 2013.

2. The additional guarantee fee to be paid by Defendant A for the above credit guarantee agreement is KRW 255,230, and the Plaintiff paid KRW 406,480 as the expenses for preserving claims for indemnity in relation to the above credit guarantee agreement. Of them, KRW 12,760 as the expenses for preserving claims for indemnity shall be recovered and the balance of the expenses for preserving claims shall be 393.

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