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(영문) 서울중앙지방법원 2015.06.03 2014가합589300
구상금등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 167,120,807 and KRW 166,350,219 among them, respectively.

Reasons

1. Basic facts

A. On March 4, 2011, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between Defendant A and Defendant A with the credit guarantee principal 180,000,000 won in obtaining a loan from the Industrial Bank of Korea, and the credit guarantee period from March 4, 2011 to March 2, 2012 (finally, the credit guarantee principal was 162,00,000 won in terms of the credit guarantee principal, and the guarantee period was changed to February 27, 2015, respectively) (hereinafter “the instant credit guarantee agreement”). On the same day, Defendant A obtained a credit guarantee agreement from the Industrial Bank of Korea on March 7, 2011, and Defendant A borrowed KRW 20,000,000 from the Industrial Bank of Korea as collateral.

B. Defendant A agreed to pay, in addition to the Plaintiff’s performance of the guaranteed obligation, ① the amount of the guaranteed obligation, ② delay damages in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, ③ expenses incurred in the performance of the guaranteed obligation, ④ expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff through the performance of the guaranteed obligation, ④ Defendant A jointly and severally guaranteed all the obligations owed by the Plaintiff pursuant to the credit guarantee agreement in this case. Furthermore, Defendant A and the joint and several liability joint and several liability joint and several liability joint and several liability joint and several liability, Defendant A agreed to bear the obligation of advance reimbursement for the amount guaranteed by the Plaintiff without any separate notice or peremptory notice when the cause for registration of the information on public records arose or when it is deemed necessary to preserve the obligation objectively.

Meanwhile, the rate of delay damages determined by the Plaintiff was 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012.

C. A around April 22, 2014, Defendant A had a credit guarantee accident where credit management information is registered due to national tax delinquency, etc.

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