(영문) 서울중앙지방법원 2015.01.27 2013가합554932

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(영문) 서울중앙지방법원 2015.01.27 2013가합554932

구상금 등 청구의 소

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1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally liable for KRW 1,982,84,396 and KRW 1,940,04,108 among them.

Reasons

1. Basic facts

A. On April 6, 2011, a national bank of April 21, 201 (the change to October 4, 2013) (the change to KRW 42,500,000) as of the date of loan of the guarantee bank (the date of repayment) repayment as of the date of concluding a credit guarantee agreement, shall be the second guarantee of KRW 50,000,000 on March 15, 2012, KRW 950,000,000 on March 15, 2012, and KRW 31,000,000 (the date of repayment) as of December 31, 2013 (the date of change to KRW 42,50,000) as of April 6, 2011 (the date of change to KRW 42,50,000) and Defendant 20,000,000 won on March 31, 2013 (the date of payment).

(B) The Defendant B and C entered into a credit guarantee agreement as follows, and, with respect to the guarantee of the first, second, and third guarantees, the indication of the Defendant Ota Game Game Co., Ltd., Inc., Ltd., D and Pacle Game Game Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is omitted.

(2) According to each of the above guarantees 2 and 3, the defendant A shall pay to the plaintiff the amount of the guaranteed obligation and damages for delay calculated at the rate determined by the plaintiff (12%) from the date of the performance of the guaranteed obligation, 2 additional guarantee fees calculated at the rate determined by the plaintiff with respect to the amount of the principal obligation guaranteed by the plaintiff, 3 claims compensation expenses incurred by the plaintiff for the exercise or preservation of the right acquired by the performance of the guaranteed obligation.

B. (1) Defendant A paid interest on June 28, 2013 and caused a credit guarantee accident. On October 14, 2013, Defendant A paid 31,92,068 won to the National Bank on October 28, 2013, based on the third guarantee to the Export-Import Bank of Korea on October 14, 2013 (the second KRW 970,002,054, the third KRW 970,002,054, the third KRW 970,054), and the first guarantee to the National Bank on October 28, 2013.

In addition, the plaintiff is 373,110 won as the cost of securing the claim.

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