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(영문) 서울중앙지방법원 2015.11.20 2014가합565717
구상금
Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 418,59,959 and KRW 401,213,07 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff’s credit guarantee agreement with Defendant A on October 23, 2009 (hereinafter “A”) is a credit guarantee agreement.

) A credit guarantee agreement was concluded between the maximum amount and KRW 30 million, and the credit guarantee agreement was concluded until October 21, 2010 (which shall be extended by October 22, 2014) (hereinafter referred to as “credit guarantee 1”).

(E) Defendant B, his spouse, Defendant D, and E Co., Ltd. (hereinafter “E”).

(2) On October 23, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement 2”) with Defendant A on October 21, 2010 with a maximum amount of KRW 200 million and the maximum transaction period until October 21, 2010.

Defendant A, Defendant B, and E’s representative director stand joint and several sureties for the obligations based on the second credit guarantee for the Plaintiff.

B. A credit guarantee accident and Plaintiff’s subrogation 1) Defendant A, based on the credit guarantee under Article 1, is a national bank on October 28, 2009 (hereinafter “national bank”).

(2) On May 28, 2014, a credit guarantee accident occurred due to the payment of the Promissory Notes and E, a related company. On June 24, 2014, the Plaintiff subrogated the National Bank to KRW 230,977,225 on behalf of the Plaintiff. (2) E obtained a loan of KRW 200 million from the National Bank on October 28, 2009, and on May 26, 2014, the credit guarantee accident occurred due to the payment of the Promissory Notes.

On June 24, 2014, the Plaintiff subrogated to the National Bank for KRW 170,235,852 (=170,906,532- recovered amount of KRW 670,680).

3) Under the first and second credit guarantee agreements, when the plaintiff jointly performs the credit guarantee obligations, the contractor and the guarantor shall pay the amount subrogated by the plaintiff to the plaintiff and the rate determined by the plaintiff from the date of subrogation to the date of full payment (12% per annum and the legal procedure costs necessary to enforce or preserve the claim for reimbursement.

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