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(영문) 서울중앙지방법원 2017.09.05 2015가합542469
구상금
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 227,335,939 and KRW 220,364,502 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant B, and the Defendant A were to enter into a credit guarantee agreement between the Plaintiff and the Defendant B with the same content as that indicated in paragraph (1) of the following table (hereinafter the above credit guarantee agreement is referred to as the “credit guarantee agreement of the instant case”).

2) Defendant A Co., Ltd. (hereinafter “Defendant A”)

B) As between the following, the credit guarantee agreement with the content as described in paragraph (2) (hereinafter the above credit guarantee agreement "the second credit guarantee agreement of this case"), and each of the above credit guarantee agreements added up with each of the above credit guarantee agreements "each of the credit guarantee agreements of this case".

(1) Defendant B and A obtained a loan from a financial institution as listed below on the following table. Serially, Defendant B and A concluded a credit guarantee agreement between Defendant B and A on September 16, 2009 with the National Bank of Korea (Extension until September 11, 2015) 70,000,000,000 on September 16, 2009 (Extension until September 11, 2015) and the National Bank of Korea 700,000,000,000 (80%) on September 24, 2012, 200,000 (80%) on September 13, 2013, the joint and several debt guarantee agreement between Defendant B and C were concluded on September 2, 200,000,000, and the debt guarantee agreement between Defendant C and C were concluded on September 11, 2015 to the Plaintiff at the time of the instant credit guarantee agreement.

3) According to each credit guarantee agreement of this case, when the Plaintiff performed a credit guarantee obligation, Defendant B and A decided to pay the Plaintiff the amount of subrogation and the delay interest rate determined by the Plaintiff from the date of subrogation to the date of repayment (12% per annum from December 1, 2012 to the date of repayment) to the date of repayment. (B) The occurrence of a guarantee accident and the Plaintiff’s subrogation (1) Defendant B and A lost the benefit of time due to the delinquency in payment of interest on each of the above loans, but the occurrence of a guarantee accident under each of the respective credit guarantee agreements of this case occurred.

2.3.

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