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(영문) 서울중앙지방법원 2015.10.21 2014가합592672
구상금
Text

1. As to Defendant A and Defendant B’s joint and several liability amounting to KRW 297,583,842 and KRW 297,583,731 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on April 9, 2014, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) Between the two, the guaranteed amount of KRW 297,00,000,000 and the term of guarantee shall be determined as of April 8, 2015, and a credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).

The Defendant Company concluded a credit guarantee agreement and issued a credit guarantee certificate (Guarantee No. D) pursuant to the above agreement, and the Defendant Company received a loan of 33,000,000 won from the Industrial Bank of Korea on December 14, 201 pursuant to the above credit guarantee agreement. According to the above credit guarantee agreement, the Defendant Company bears the obligation to make a prior repayment of the guaranteed amount to the Plaintiff even if there is no notification or peremptory notice from the Plaintiff, and the Defendant Company pays to the Plaintiff the amount of the guaranteed amount and the amount of damages calculated by multiplying the Plaintiff by the repayment rate set by the Plaintiff from the date of the repayment of the guaranteed amount to the date of the repayment of the guaranteed amount. The agreed damages rate set by the Plaintiff is 12% per annum after December 1, 2012.

3) At the time, Defendant B, the representative director of the Defendant Company, at the time, jointly and severally guaranteed the obligation to reimburse the Plaintiff’s reimbursement amount. (B) On October 17, 2014, the Defendant Company, as the result of suspension of current account transaction on October 17, 2014, lost the benefit of time, and the Plaintiff paid KRW 297,923,710 to the Industrial Bank of Korea on November 7, 2014 due to failure to pay the principal and interest of the loan thereafter. On the same day, the Plaintiff recovered KRW 339,979 out of the amount of subrogated payment, and the amount of final delay damages therefrom is KRW 111. C. The Defendant Company, such as a mortgage contract, etc., on October 20, 2014, owned real estate (hereinafter “instant real estate”).

As to Defendant C, there is a right to collateral security (hereinafter referred to as “mortgage”) between Defendant C and the debtor with the maximum debt amount of KRW 700,000.

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