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(영문) 서울중앙지방법원 2015.07.09 2012가합529137
구상금 등
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint liability amounting to KRW 917,410,513 and KRW 435,760,988.

Reasons

1. Facts of recognition;

A. A loan1 under a credit guarantee agreement) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on November 29, 2010.

The term of guarantee was changed from November 29, 201 to November 28, 201 (the later term of guarantee was changed from November 28, 2012) to the guaranteed principal of KRW 425 million, and the term of guarantee was changed from November 29, 201 to November 28, 2012.

) A credit guarantee agreement with a content that guarantees the principal and interest of loans to be borne by Defendant A to an enterprise bank (hereinafter referred to as “1 credit guarantee agreement”).

(2) On November 29, 2010, the Plaintiff issued to Defendant A a credit guarantee certificate with the coverage amount of KRW 42,500,000,000 under the first credit guarantee agreement. On the same day, Defendant A borrowed 500,000,000 from an enterprise bank as collateral of the said guarantee certificate.

(3) On July 26, 2011, the Plaintiff guaranteed a credit guarantee agreement between Defendant A and Defendant A to guarantee the obligation of principal and interest of loan to be borne by Defendant A to the Bank (hereinafter referred to as “credit guarantee agreement”) by setting the maximum trading period from July 26, 201 to July 25, 2012 (hereinafter referred to as “credit guarantee agreement”).

(4) On July 26, 2011, the Plaintiff issued to Defendant A a credit guarantee certificate with the amount of security deposit at KRW 468 million pursuant to the 2nd credit guarantee agreement to the Plaintiff. On the same day, Defendant A received a loan from the Bank as security of the said credit guarantee certificate in KRW 520 million.

(hereinafter “Second-Loan”). According to the Credit Guarantee Agreement, if Defendant A fails to perform the principal obligation within the due date for the discharge of the principal obligation, Defendant A shall pay a penalty calculated by multiplying the amount of the guaranteed obligation, which has not been performed, by the rate of 0.5% per annum, which is calculated by adding the guarantee fee rate to the amount of the guaranteed obligation, and ② When the Plaintiff performs the credit guarantee obligation, Defendant A, the principal obligor.

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