(영문) 서울중앙지방법원 2016.07.01 2015가합576110

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(영문) 서울중앙지방법원 2016.07.01 2015가합576110

구상금 등

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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 238,441,334 and KRW 238,440,611 among them.

Reasons

1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 8:

1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) around July 16, 2014.

(A) The credit guarantee agreement with the following terms and conditions (hereinafter referred to as “each of the credit guarantee agreements in this case”).

(1) The Defendant Company issued a credit guarantee certificate to the Defendant Company, and provided a credit guarantee within the scope of the following credit guarantee with respect to the principal and interest to be borne by the Defendant Company by receiving a loan from the new bank. Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the said credit guarantee agreement. On July 16, 2014, D 170 million won per annum of the guaranteed amount of guarantee (the guaranteed amount shall be changed to KRW 160 million on July 2, 2015) (the guaranteed amount to KRW 160 million on July 2, 2015) on July 15, 2015 (the extended period to July 15, 2015) (the extension of the guaranteed amount to KRW 08,500,000 on July 16, 2014) by each credit guarantee period of KRW 100,000,7500 on July 28, 2015).

3) The Plaintiff and the Defendant Company, when the Plaintiff performed the guaranteed obligation to the lending bank in accordance with the credit guarantee agreement of this case, shall pay the Plaintiff the amount of the obligation to be repaid by the Defendant Company, ① the amount of the obligation to be repaid to the Plaintiff, ② the amount calculated by the rate (12% per annum) set by the Plaintiff from the date of the performance of the guaranteed obligation to the Plaintiff, ③ 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, ④ the expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, ⑤ the unpaid guarantee fee, delayed guarantee fee, penalty, ④ the above amount, and

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