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(영문) 서울중앙지방법원 2017.01.11 2015가합577144
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 272,54,154 and KRW 272,543,857 among them.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on March 25, 201, on March 25, 2011.

B) As of March 23, 2012, the credit guarantee amount of KRW 270,000,000 and the credit guarantee period of KRW 23,000,000 and the following credit guarantee agreements (hereinafter “the instant credit guarantee agreement”), and the “ratio determined by the Plaintiff” under Article 10(1)2 of the said credit guarantee agreement is 12% per annum.

On the same day, Defendant B entered into a contract with the Plaintiff, and on the same day, jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff. Article 10 (Scope of Repayment) ① When the Plaintiff fulfilled the guaranteed obligation, Defendant B and the joint and several sureties (Defendant B will immediately repay the amount falling under any of the following subparagraphs:

1. Performance amount of surety obligations;

2. Damages 2) The Plaintiff, on March 25, 201, issued a credit guarantee agreement pursuant to the instant credit guarantee agreement with the Plaintiff on March 25, 201, with respect to the amount under subparagraph 1, multiplied by the rate set by the Plaintiff from the date of performance of the guaranteed obligation until the date of repayment of the guaranteed obligation, and the Defendant Company received a loan of KRW 300 million from the Bank as security. 3) After the amendment of the terms of the instant credit guarantee agreement, the Plaintiff changed the terms of the credit guarantee agreement,

4) On July 2, 2015, the Defendant Company suffered a guarantee accident due to the due diligence, and on the following day, lost the benefit of time for the Defendant Company to our Bank on the following day, and on September 30, 2015, the Plaintiff subrogated to our Bank for the principal amounting to KRW 272,586,59 (i.e., the principal amounting to KRW 270,000,000) (i.e., KRW 2,586,599) (i.e., the principal amounting to KRW 270,586,59). Meanwhile, from September 30, 2015 to November 10 of the same year, the Plaintiff recovered KRW 42,742 from the Defendant Company to appropriate it for the amount of subrogation, and damages for delay (one2%) accrued from the date of subrogation to the date of recovery of the subrogated amount to KRW 42,742.

B. Defendant B and Defendant C married on November 13, 1996, and their children D (E).

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