logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.05 2014가합501133
구상금 등
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 47,510,793 and its related amount from June 21, 2013 to August 9, 2014.

Reasons

The following facts are found to have been established between the plaintiff and the defendant C in accordance with Article 150 of the Civil Procedure Act. The above defendant shall be deemed to have led to confession, and the plaintiff and the remaining defendants may be acknowledged by the purport of the whole entries and arguments in Gap 1 through 6, and 8.

On October 25, 201, including the conclusion of a credit guarantee agreement, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”), setting the guarantee principal as at October 25, 201, and issuing a credit guarantee certificate (credit numberF) to the Defendant Company in order to secure the obligation of loans to the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”).

Defendant B and C jointly and severally guaranteed all obligations of the Defendant Company according to the instant credit guarantee agreement.

On October 25, 2011, the Defendant Company received a loan (hereinafter “instant loan”) from our bank on October 25, 201, setting forth KRW 50,000 as the due date for payment of KRW 50,00,000 from our bank as a credit guarantee letter issued by the Plaintiff.

Meanwhile, according to the instant credit guarantee agreement, where the Plaintiff performed the guaranteed obligation on behalf of the Defendant Company, the Defendant Company: ① calculated at the rate of damages from the performance amount of the guaranteed obligation and the performance date thereof to the repayment date; ② paid expenses incurred in the preservation, transfer, and exercise of the rights acquired by the Plaintiff through the performance of the guaranteed obligation (Article 10(1)); and the rate of damages determined by the Plaintiff is 15% per annum from April 20, 2010 to the date of repayment.

In addition, when the Defendant Company fails to perform the obligation of the instant loan, which is the principal obligation, the Plaintiff may seek prior reimbursement without prior notice or demand to the Defendant Company.

(Article 5(1)1). The occurrence of a credit guarantee accident and the Plaintiff’s subrogation but the Defendant Company did not pay interest on the instant loan accrued after January 25, 2013.

arrow