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(영문) 서울고등법원 2019.09.25 2018나2021720
구상금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Defendant of the claim and co-defendants of the first instance trial.

Reasons

1. Basic facts

A. 1) The Plaintiff Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial.

(B) A credit guarantee agreement was entered into between the two parts as listed below and issued a letter of credit guarantee (hereinafter referred to as “instant first guarantee agreement”). The second guarantee is “instant second guarantee agreement”.

(B) Co-Defendant B of the first instance trial (hereinafter “B”).

A has jointly and severally guaranteed each of the above obligations against the Plaintiff (the guarantee period in the table below is based on the final modified guarantee period after the conclusion of each of the above respective guarantee agreements.

(2) On December 16, 2016, on the date of separate guarantee, the first guarantee period of the guaranteed amount (cost) loan of the guaranteed amount (cost) 1, 2010,000,000,000 won for the loan of small and medium enterprise loan 32,000,0000 won for corporate purchase loan 44,00,000,000 won on December 16, 2016, the first and second guarantee contract of this case was determined to compensate the Plaintiff for the damages for delay calculated by multiplying the repayment amount of the guaranteed amount by the rate determined by the Plaintiff from the date of the repayment of the guaranteed amount to the date of the repayment of the guaranteed amount, the expenses incurred in the preservation, transfer and exercise of the right acquired through the repayment of the guaranteed amount, unpaid guarantee fees, delayed guarantee fees, penalty, etc. by the credit guarantee contract of this case 35,000,0000 won under the credit guarantee contract of this case, the Industrial Bank of Korea received the loan of this case No. 25384,50,0,035.

(hereinafter referred to as “each of the instant loans”) B.

The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) caused a credit guarantee accident on May 19, 2016 due to delinquency in the principal and interest of each of the instant loans by A, and the Plaintiff incurred a credit guarantee accident on June 28, 2016 (i.e., the Bank of Korea on June 28, 2016).

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