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(영문) 서울중앙지방법원 2018.12.06 2017가합539535
구상금등
Text

1. Defendant B’s KRW 211,667,516 and KRW 128,68,168 among the Plaintiff and KRW 82,162,051 from May 16, 2017.

Reasons

1. Basic facts

A. Each of the credit guarantee contracts of this case 1) The Plaintiff signed on February 17, 2016, E Co., Ltd. (hereinafter “E”).

(B) As between the two, each credit guarantee agreement as described below (hereinafter referred to as the “each of the instant credit guarantee agreements”) shall be referred to in the table No. 1 and No. 2 as follows:

Defendant B, the representative director of the above company, signed a credit guarantee agreement and issued a letter of credit guarantee, and Defendant B, the representative director of the above company, jointly and severally guaranteed the debt owed to the Plaintiff by E in accordance with each of the above credit guarantee agreements (a).

(2) On February 16, 2017, February 17, 2017, the period of guarantee under Article 1 of the Credit Guarantee Agreement is 85,00,000,000 won in the guaranteed principal on February 16, 2017; Defendant B, a joint and several surety of KRW 128,000,000 in the guarantee principal of Defendant B’s credit guarantee certificate No. 2 of the credit guarantee certificate No. 1 of the Credit Guarantee Agreement, 85,00,000 in the FG principal of KRW 128,00,000 in the guarantee term of KRW 128,00,000 in the credit guarantee term of KRW 128,00,00 in the loans extended by February 16, 2017; and the portion related to the extension of the guarantee rate of KRW 200,000 in the loans extended by 208,208,008.

In addition, the interest rate on delay under Article 10 (1) 2 of the Credit Guarantee Contract is 10% per annum from February 1, 2016 to the date.

(No. 9). (1) When a new supervisor (the plaintiff in this case) performs the guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. The amount to be paid under subparagraphs 3 and 4 shall be included.

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