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(영문) 서울서부지방법원 2017.08.09 2016가단220757
구상금
Text

1. The Plaintiff:

A. For Defendant A: 29,143,593 won and 27,552,527 won among them:

B. Defendant B, C, and D are Defendant A.

Reasons

1. Facts of recognition;

A. On June 23, 2010, the Plaintiff entered into a credit guarantee agreement between Defendant A and the amount of KRW 19,440,000 as security deposit and the term of June 22, 2011 (hereinafter “instant credit guarantee agreement”).

(2) On September 4, 2012, Defendant A entered into a credit guarantee agreement and was granted a loan of KRW 19,440,000 from the National Bank of Korea under the said credit guarantee agreement. (3) On September 4, 2012, the Plaintiff entered into a credit guarantee agreement between Defendant A and the National Bank of Korea (hereinafter “the instant credit guarantee agreement”).

(3) Upon entering into a credit guarantee agreement, Defendant A entered into an agreement with the National Bank of Korea to pay 27,200,000,000 won as a result of the credit guarantee agreement, as calculated by the Plaintiff’s subrogation (amount of performance of the guaranteed obligation) from the amount of the Plaintiff’s subrogation (amount of performance of the guaranteed obligation) and the date of subrogation (the date of performance of the guaranteed obligation) to the date of full payment (10% per annum).

4) On September 4, 2012, Defendant B, Defendant C, and Defendant D jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff under the instant credit guarantee agreement. (b) On the same day, the Plaintiff, such as the occurrence of a credit guarantee accident and subrogation, was notified of the occurrence of a credit accident due to delinquency in payment of interest by Defendant A from the National Bank of Korea on February 26, 2016, and on April 1, 2016, Defendant A received notice of the occurrence of a credit accident due to delinquency in payment of interest by Defendant A, and on April 1, 2016, KRW 27,684,517 (the amount of interest paid under the instant credit guarantee agreement of KRW 16,161,862 (the amount of subrogation under the instant credit agreement of KRW 11,52,655) under the instant credit guarantee agreement in subrogation of the National Bank, and collected KRW 131,90 out of the amount of subrogation under the instant credit guarantee agreement of this case.

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