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(영문) 창원지방법원 2016.02.04 2015가합31889
구상금
Text

1. The Plaintiff:

A. Defendant A: (a) for KRW 433,413,157 and KRW 301,005,164 among them, Defendant A shall be from March 20, 2015; and (b) for KRW 125,358.

Reasons

1. Basic facts

A. On April 14, 2009, May 31, 2011, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and the Defendant A, and issued each credit guarantee agreement (hereinafter “the credit guarantee agreement in this case”) with each of the following contents in order to secure the obligation arising from loans from the Defendant A to the Bank as a general loan for business operation, on two occasions between the Defendant A and the Bank, in order to secure the obligation arising from loans of KRW 150 million and KRW 360,000,000,000. The Defendant A obtained a loan from the Bank as a collateral.

D E

B. The Defendant B Co., Ltd. jointly and severally and severally guaranteed the repayment obligations under the instant credit guarantee agreement No. 2 of the said Table (hereinafter “instant joint and several sureties”).

C. On April 14, 2014, the occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation against Defendant A, caused a credit guarantee accident on the grounds of national tax delinquency. Accordingly, the Plaintiff subrogated to the Suhyup Bank and Enterprise Bank as follows with the guarantee liability under the instant credit guarantee agreement.

D E

D. Under the credit guarantee agreement of this case, when the obligor did not repay the guaranteed obligation such as the loan, and the Plaintiff performed the guaranteed obligation, the obligor agreed to pay to the Plaintiff the amount required by the Plaintiff for the performance of the guaranteed obligation, the penalty for attempted penalty, the amount required by the Plaintiff for the enforcement of the obligation to compensate for the claim, the costs incurred by the Plaintiff for the enforcement of the obligation, and damages for delay in accordance with the interest rate set by the Plaintiff on the amount of subrogated payment. The interest rate determined by the Plaintiff in relation to the above damages for delay is 12% per annum from the date of the above subrogation until the date of the above payment. (ii) The remainder of the Plaintiff’s claim for indemnity as of now is KRW 43,413,157 (=426,363,291, total amount of subrogated payment).

E. Defendant A and Defendant CNethyl Co., Ltd. (hereinafter “Defendant CNethyl”).

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