(영문) 서울중앙지방법원 2015.07.15 2014가합563926

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(영문) 서울중앙지방법원 2015.07.15 2014가합563926

구상금 등 청구의 소

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1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 241,672,380 and KRW 241,671,50 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant A’s credit guarantee agreement 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”) on April 30, 2009.

In addition, the Industrial Bank of Korea (hereinafter referred to as the “Industrial Bank”) and the Defendant Company

(B) The principal of the credit guarantee principal is KRW 300,00,000 with respect to the principal and interest of the loan to be borne by the debtor, and the guarantee period was finally changed from April 30, 2009 to April 29, 2010 (the guarantee period thereafter was later changed on April 24, 2015).

(i)in entering into a credit guarantee agreement (hereinafter referred to as "the instant credit guarantee agreement") and

(2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendant Company paid the amount of the guaranteed obligation and damages for delay in accordance with the interest rate determined by the Plaintiff within the scope of 25% per annum. The interest rate determined by the Plaintiff is 12% per annum from July 31, 2014 to the present date.

3) On April 30, 2009, the Defendant Company submitted a credit guarantee statement issued by the Plaintiff pursuant to the instant credit guarantee agreement to the non-party bank, and set the due date for payment of KRW 300,000,000 from the non-party bank as April 29, 2010 (the due date for payment has been changed to April 24, 2015).

3) The Defendant Company’s loan obligations against the non-party bank (hereinafter “the instant loan obligations”).

(B) The occurrence of a credit guarantee accident and the performance of the Plaintiff’s guaranteed obligation (1) Article 6 of the credit guarantee agreement of this case provides that “When any of the following events occurs with respect to the principal, the principal and the joint guarantor bear the obligation of advance reimbursement for the amount guaranteed by the new guarantor even if there is no notification and peremptory notice from the new guarantor:

(b)

7. Provisions that "when there exists a decision of seizure, provisional seizure, provisional disposition or request for auction with respect to the workplace (in the case of leased workplace, security deposit for lease)"; and

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