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(영문) 서울남부지방법원 2015.11.20 2015가합105125
구상금
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 467,067,536 and KRW 467,066,285 among them.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee certificate issued 1) On September 14, 2010, the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(1) The credit guarantee statement that guarantees part of the loans owed by the Defendant Company to the Bank (hereinafter referred to as the “instant credit guarantee statement”).

(2) The Plaintiff and the Defendant agreed to respectively change the coverage amount from 500,000,000 to 468,000,000 on September 14, 201, upon the issuance of the credit guarantee agreement. 2) After concluding the said credit guarantee agreement, the Plaintiff and the Defendant agreed to change the coverage amount from 500,000,000 to 468,00,000, and the coverage period from September 14, 201 to 2015.

Article 6 (Preliminary Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the plaintiff, even if there is no notification or peremptory notice from the plaintiff:

However, when a cause falling under any of subparagraphs 11 through 13 occurs, the plaintiff shall be notified in writing before exercising the prior indemnity, and the principal and the joint guarantor shall bear the obligation to repay in advance to the plaintiff at least ten days after the date of arrival of such notification.

1. When he/she violates Article 5 (Performance of Principal Obligations) (1) When the plaintiff has fulfilled the guaranteed obligation, the principal and the joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

However, a joint and several surety under Article 2 (1) of the Special Act on the Protection of Suretys shall be repaid within the maximum amount of the guaranteed debt separately stated.

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

3. Expenses for discharge of guarantee obligation; and

4. Expenses for the preservation, transfer and exercise of any right acquired through the discharge of any surety obligation;

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