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(영문) 서울중앙지방법원 2015.10.08 2014가합517114
구상금
Text

1. The defendant C’s supplementary intervenor’s participation shall be permitted.

2. Defendant A and B are jointly and severally liable to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee and loan 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on April 9, 2012.

between Defendant A and the National Bank, Inc. (hereinafter referred to as “National Bank”);

(A) As to receiving a loan from the principal, Defendant A, the principal of the guaranteed principal, and the term of guarantee specified on April 9, 2015 (hereinafter referred to as “first guarantee agreement”) and providing a credit guarantee service (hereinafter referred to as “first guarantee agreement”).

A) On the same day, Defendant A entered into a contract with Defendant A to provide credit guarantee services (hereinafter referred to as “No. 2 guarantee contract”) with the Plaintiff on April 9, 2012 under the first guarantee contract. Defendant A borrowed KRW 100 million from the National Bank on April 9, 2012. (2) On June 18, 2013, the Plaintiff entered into a contract with Defendant A to provide credit guarantee services (hereinafter referred to as “No. 3 guarantee contract”) with Defendant A, the principal of the guaranteed contract, the principal of the guaranteed contract, and the term of the guarantee (hereinafter referred to as “No. 2 guarantee contract”) with the Plaintiff on June 17, 2014. On the same day, Defendant A provided a joint and several guarantee to the Plaintiff under the second guarantee contract with Defendant A.

Defendant A was loaned 100 million won from the Nonghyup Bank on June 18, 2013 in accordance with the second guarantee contract.

3) According to the first and second guarantee contracts, where the Plaintiff fulfilled a credit guarantee obligation, the principal obligor and the joint guarantor provide that ① the amount of the Plaintiff’s credit guarantee obligation and the amount of the damages for delay calculated at the rate as determined by the Plaintiff from the date of performance thereof to the date of repayment, ② the execution preservation (including termination) of the Plaintiff’s claims, and the costs required for the exercise and legal procedures therefor, respectively, shall be paid to the Plaintiff. The damages for delay determined by the Plaintiff is 12% per annum from December 4, 2013. (B) Defendant A and the attached Table No. 1) on September 27, 2013 (hereinafter “real estate No. 1”) shall be the maximum debt amount as to the real estate set forth in the attached Table C and the attached Table No. 1 (hereinafter “real estate No. 1”)

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