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(영문) 서울중앙지방법원 2018.04.12 2017가합531586
구상금 등 청구의 소
Text

1. The Defendant Company A and B shall jointly and severally serve as the Plaintiff KRW 224,632,722 and its amount of KRW 224,182,689.

Reasons

1. Facts of recognition;

A. 1) On August 23, 2012, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “Defendant A”).

B) As to Defendant A’s loan obligations to Defendant Nonghyup Bank, the principal guaranteed is KRW 108,00,00,000, the guarantee period from August 23, 2012 to August 21, 2013 (the extension of the guarantee period to August 18, 2017 under the extension of the guarantee period concluded thereafter). The Plaintiff’s credit guarantee agreement stipulating that the delayed payment rate of the indemnity claim due to the Plaintiff’s performance of the guarantee obligation shall be ten percent per annum (hereinafter “instant credit guarantee agreement”).

(2) On May 3, 2013, Defendant A entered into a credit guarantee agreement between Defendant A and Defendant A with respect to the obligation under the instant credit guarantee agreement against the Plaintiff. In addition, on May 3, 2013, Defendant A and the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A with respect to the obligation under the instant credit guarantee agreement with respect to the obligation under the instant credit guarantee agreement with respect to the obligation under the instant credit guarantee agreement with respect to the Plaintiff. The Plaintiff jointly and severally guaranteed the obligation under the instant credit guarantee agreement with respect to the obligation under the instant credit guarantee agreement against the Plaintiff.

3) In addition, Defendant A is referred to as the “each credit guarantee agreement of this case” including the first and second credit guarantee agreements of this case (hereinafter referred to as the “instant agreement”).

(4) At the time of conclusion, Defendant A, using a credit guarantee certificate issued pursuant to the first credit guarantee agreement of this case, provided a loan of KRW 120,000,000 from the Nonghyup Bank on August 23, 2012, and a credit guarantee certificate issued pursuant to the second credit guarantee agreement of this case, provided a loan of KRW 280,00,000 from the Nonghyup Bank on May 7, 2013.

B. Occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1.

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