(영문) 서울중앙지방법원 2015.10.07 2013가합560999

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(영문) 서울중앙지방법원 2015.10.07 2013가합560999

구상금 등

Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 384,043,519 and KRW 380,642,90 among them.

Reasons

1. Basic facts

A. The Plaintiff on February 25, 2009, the Defendant A Co., Ltd.’s credit guarantee agreement and loan agreement 1) is the Defendant A Co., Ltd. (former Co., Ltd. I; hereinafter “Defendant A”).

Between the two, the amount guaranteed 475,000,000 won and the term of guarantee shall be February 24, 2010 (hereinafter “instant credit guarantee agreement”).

Article 2 (Payment of Guarantee Fees, etc.) (1) of the Credit Guarantee Agreement provides a credit guarantee under Article 2 (1) to the extent permitted by law, as to the rate of guarantee fees, calculation method, and timing and method of payment, as prescribed by the Plaintiff, in the event that the Plaintiff provides a credit guarantee under Article 2 (1) of the same Agreement. (2) In the event that the Defendant A fails to pay the principal obligation within the deadline for performance of the principal obligation, the penalty shall be paid by multiplying the amount of the guaranteed obligation by the rate calculated by multiplying the rate of 0.5% per annum by the rate of 0.5% per annum on the guarantee fee per annum on the amount of the guaranteed obligation, among the obligations guaranteed by the Plaintiff.

1. Where he/she violates Article 5;

4. The Korea Federation of Banks (including information related to the foregoing), information on subrogation payment on behalf of subrogation (including information related to the foregoing), information on the disturbance of financial order, and information on public records under Article 9 (1) upon receipt of a claim from a creditor for the performance of a guaranteed obligation, the Plaintiff will discharge the guaranteed obligation in accordance with statutes and a credit guarantee agreement with the creditor.

Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the defendant A and the joint and several sureties shall immediately refund the amount falling under any of the following subparagraphs:

(Omission)

1. Performance amount of the surety obligation;

2. The amount of subparagraph 1; and

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