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(영문) 서울중앙지방법원 2016.10.26 2015가합564568
구상금등청구의소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 390,313,031 and KRW 390,312,691 among them.

Reasons

1. Basic facts

A. On March 27, 2013, the Plaintiff entered into a credit guarantee agreement. (1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

In the order of priority between the credit guarantee agreement (hereinafter referred to as "the instant credit guarantee agreement" and "the total credit guarantee agreement in this case") with the following contents:

A) A contract was concluded with Defendant Company, which issued a credit guarantee certificate pursuant to it, provided credit guarantee within the scope of the following credit guarantee amount with respect to the principal and interest to be borne by the said Defendant by receiving a loan from Korea. Defendant B, the representative director of the Defendant Company, under each credit guarantee agreement of this case, provided joint and several sureties with the Plaintiff of the Defendant Company. The amount of loans extended to KRW 1360,000,000,340,000 for the loan execution date of the loan execution date of the guaranteed loan execution date, the change of KRW 306,00,000 to KRW 306,000,000, March 27-200-3. 26, 2014 (the change to March 26, 2015, to KRW 400,0000,0000,0000,000,0000, 36.36,2018.

3. Under each credit guarantee agreement of this case, the Plaintiff and the Defendant Company agreed on the amount of the guaranteed obligation to be repaid to the Plaintiff, the amount of the guaranteed obligation to be repaid by the Defendant Company, and the amount of damages calculated at the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fees, delayed guarantee fees, penalty, and damages for delay calculated at the rate determined by

B. The plaintiff.

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