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(영문) 수원지방법원 2015.09.25 2013가합20987
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant A, B, and C, jointly and severally, KRW 100,877,401 and KRW 100,877,205.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement of this case and the Plaintiff’s performance of the guaranteed obligation 1) on December 16, 2008, the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

between the defendant and the subsidiary bank of our Bank, Inc. (hereinafter referred to as “Korea Bank”).

(3) In order to guarantee a loan from a credit guarantee principal, a credit guarantee agreement between 100,00,000 won and the credit guarantee period from December 16, 2008 to December 15, 2009 (hereinafter “instant credit guarantee agreement”).

A) At the time, Defendant D and Defendant B, the representative director of the Defendant Company, were jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff under the instant credit guarantee agreement on the same day. On December 15, 2010 thereafter, D were exempt from joint and several liability, and Defendant C joined jointly and severally on the same day. 2) The main contents of the instant credit guarantee agreement are as follows.

Article 5 (Obligation to Fulfill Principal Obligations) of the Credit Guarantee Agreement (Obligation to Fulfill Principal Obligations) A principal shall have no day on which the plaintiff fulfills the guaranteed obligation as a whole by the due date.

Article 6 (Preliminary Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the plaintiff, even if there is no notification or peremptory notice from the plaintiff:

1. Where he/she violates Article 5;

9. When a plaintiff receives notification of the cause of the non-performing credit guarantee or a request for the discharge of a guaranteed obligation from a creditor of a credit guarantee under this Agreement and a creditor of other credit guarantee, Article 10 (Scope of Repayment) (1) When the plaintiff has discharged a guaranteed obligation, the principal and the joint guarantor shall immediately repay the amount falling under any of

1. Performance amount of surety obligations;

2. The amount of damages calculated by multiplying the amount under subparagraph 1 by the rate set by the Plaintiff from the date of performance of the guaranteed obligation until the date of repayment.

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