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(영문) 서울중앙지방법원 2018.06.15 2017가합568564
구상금
Text

1. As to KRW 1,966,532,105 and KRW 1,965,249,340 among the Plaintiff, Defendant A Co., Ltd., from January 29, 2015 to May 2015.

Reasons

1. Basic facts

A. On November 27, 2013, the Plaintiff entered into a credit guarantee agreement and a joint and several sureties contract (hereinafter “Defendant A”).

(1) The term of a credit guarantee agreement is set at KRW 1,980,000 as a guarantee amount (hereinafter “instant guarantee agreement”) and as a guarantee agreement between November 27, 2013 to November 27, 2014, with respect to the guarantee obligation under a loan that Defendant A owes as a result of having obtained a loan from the Industrial Bank of Korea (i.e., during the period from November 27, 2013 to November 27, 2015).

(2) According to the instant guarantee agreement, Defendant A entered into a contract and issued a credit guarantee certificate to Defendant A in accordance with the instant guarantee agreement. (2) According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, Defendant A shall pay to the Plaintiff (i) the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation, damages for delay in accordance with the rate determined by the Plaintiff from the date of payment to the date of full payment; (ii) the legal procedure expenses incurred by the Plaintiff in exercising or preserving the right acquired by the performance of the guaranteed obligation; and (iii) the rate of damages for delay determined by the Plaintiff is 12% per annum after

B. On November 27, 2013, Defendant A, who entered into a loan agreement, obtained a loan of KRW 2,200,000 from the Industrial Bank of Korea as collateral a credit guarantee letter issued pursuant to the instant guarantee agreement.

C. On December 26, 2014, Defendant A filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014 Ma100207, and thereby, caused a credit guarantee accident by losing the benefit of the said loan obligations. 2) Accordingly, the Plaintiff subrogated the Bank of Korea for the total amount of KRW 1,986,613,568 (i.e., principal and interest of the loan amount of KRW 1,980,000,000) on January 29, 2015 pursuant to the instant guarantee agreement (i.e., principal amount of KRW 1,980,613,568).

3) On January 29, 2015, the Plaintiff recovered KRW 21,364,228 from Defendant A to appropriate it for the repayment of the subrogated amount under the instant guarantee agreement. Accordingly, the amount of subrogated payment is KRW 1,965,249,340 (=1,986,613).

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