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(영문) 서울중앙지방법원 2015.07.17 2013가단5115243
구상금
Text

1. The Plaintiff:

A. Defendant A, B, and D are jointly and severally and severally liable for 196,482,615 won and 146,810,994 won among them.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff entered into a credit guarantee agreement between the Plaintiff, Defendant B, and C, respectively, for Defendant B, and bank loans.

Defendant A Co., Ltd. (hereinafter referred to as Defendant A) of Defendant A Co., Ltd. (hereinafter referred to as Defendant A) on September 16, 2004 from September 16, 2004 to September 16, 2005, Defendant B, on March 26, 2009, KRW 200,000,000, from March 26, 2009 to March 26, 2009, when the guarantee period for the guaranteed amount was issued as of September 26, 2004.

(2) At the time of the credit guarantee agreement No. 1, Defendant B operated the individual company under the trade name of Defendant B at the time of the credit guarantee agreement No. 2, Defendant C’s joint and several debt guarantee agreement No. 2. (2) At the time of the credit guarantee agreement No. 1, Defendant B operated the individual company. Defendant B established Defendant A on November 30, 2006 and converted the individual company into a corporation (A. B. 8). Defendant B acquired the corporate bank loan obligations of Defendant B on March 15, 2007.

On the same day, the plaintiff and the defendant A entered into a credit guarantee agreement with the defendant B, a representative director, up to 47,200,000 won and the term of guarantee until March 14, 2008.

After that, the credit guarantee deadline was extended on March 8, 2013.

C) Defendant D Co., Ltd. (hereinafter Defendant D)

(A) On October 22, 2012, Defendant A and C agreed to pay damages for delay in accordance with the rate of damages determined by the Plaintiff when the Plaintiff makes subrogated payment under the credit guarantee agreement of this case (A. 6) on October 3, 2012, Defendant A and C agreed to pay damages for delay in accordance with the rate of damages as determined by the Plaintiff, penalty for breach of contract, and

4) On May 9, 2013, the Plaintiff subrogatedly repaid the principal and interest of Defendant C’s bank loans amounting to KRW 146,810,994.

On June 5, 2013, the Plaintiff subrogatedly repaid the principal and interest of Defendant A’s bank loans amounting to KRW 48,464,119.

B. The penalty is 216,210 won by the day immediately before the date of subrogated repayment under the credit guarantee agreement between the plaintiff and the defendant A.

The Plaintiff’s claim for reimbursement against Defendant C.

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