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(영문) 서울중앙지방법원 2017.12.14 2016가단5073784
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 273,318,825 and KRW 272,885,312 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and subrogated 1) on September 25, 2013, the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) Between the two, a credit guarantee agreement between September 25, 2013 and September 24, 2014 (e.g., the guarantee amount of KRW 270 million, and the guarantee period of KRW 250 million to September 24, 2014) (hereinafter “instant credit guarantee agreement”).

(2) Under the instant credit guarantee contract, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation under the said credit guarantee contract, and the Defendant Company submitted a credit guarantee statement (loan amount to KRW 300 million, guarantee rate to KRW 90 million) issued by the Plaintiff to an enterprise bank, and received a loan of KRW 270 million. 2) According to the instant credit guarantee contract, when the Plaintiff performed the guaranteed obligation, the Defendant Company is obligated to repay to the Plaintiff the amount of subrogation and the amount of the agreed damages (from December 1, 2012 to January 31, 2016, 12 to 12% per annum, and from the following day to the date of its repayment) to the date of full payment of the guaranteed obligation.

3) Although the Defendant Company did not pay the principal and interest of a loan even though it was in arrears in paying interest on November 25, 2015 and lost the due date, the Plaintiff paid the principal and interest of a loan of KRW 274,651,327 on March 18, 2016 (= Principal KRW 270 million + interest KRW 4,651,327) to an enterprise bank on behalf of the Defendant Company. The remainder of the Plaintiff’s claim for reimbursement as of the date of payment by subrogation is KRW 272,885,312, and the amount of subrogated payment is KRW 43,030, and the amount of finalized damages is KRW 483. Na. 1) The Defendant B established the maximum amount of debt as to each of the real estate listed in the separate attachment No. 1 (hereinafter “instant real estate”) owned by the Defendant C and his spouse as his spouse, and each of the real estate set up the maximum amount of debt as KRW 100,000,00.

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