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(영문) 서울중앙지방법원 2016.06.30 2015나73820
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 23, 2007, the Plaintiff entered into a credit guarantee contract of this case and the occurrence of the claim for reimbursement. 1) On October 23, 2007, the Co-Defendant D Co-Defendant Corporation of the first instance (hereinafter “D”).

B) Between the credit guarantee principal amounting to KRW 419 million, and the guarantee period from October 23, 2007 to October 23, 2008 (the guarantee period thereafter was extended on six occasions last October 17, 2014).

(D) our bank, Inc. (hereinafter referred to as “Korea bank”);

(B) a credit guarantee agreement to guarantee a loan obligation (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) On October 23, 2007, D obtained a loan of KRW 419 million from the Korean bank as collateral for a guarantee issued under the instant credit guarantee contract. On October 9, 2014, there was an accident of guaranteeing the payment of a loan to the Korean bank in arrears and loss of the benefit of time. Accordingly, on December 31, 2014, the Plaintiff subrogated for D’s loan of KRW 414,906,640 to the Korean bank.

3) Meanwhile, when the Plaintiff performed the guaranteed obligation in the instant credit guarantee contract, D shall pay the amount of the performance of the guaranteed obligation and the interest rate determined by the Plaintiff’s calculation method from the date of the performance of the guaranteed obligation until the repayment date, and shall pay the expenses incurred by the Plaintiff for the execution and preservation of the obligation. If the Plaintiff fails to perform the principal obligation within the given period, D shall pay the additional guarantee fee calculated by multiplying the guaranteed obligation by the annual interest rate of 0.5% as determined by the Plaintiff. 4) The interest rate for the delayed payment determined by the Plaintiff is 12% per annum, and the Plaintiff spent KRW 1,367,810 for the preservation of the execution of the indemnity claim acquired by subrogation, and the additional guarantee fee was 1,258,590 due to the failure of D to perform the principal obligation within

B. The co-defendant B and A and the non-party E who were directors of the court of first instance, where the defendant's joint and several liability 1D representative director was the defendant's joint and several liability 1D, shall be October 2007.

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