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(영문) 서울중앙지방법원 2019.10.23 2018가합505317
구상금 등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 208,264,385 and KRW 180,56,136 from March 9, 2018 to April 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Co., Ltd. received a loan from the Industrial Bank of Korea (hereinafter “Industrial Bank”), guarantee under the Korea Technology Finance Corporation Act for the payment of principal and interest of loan within the guarantee period within the limit of the guarantee amount. In the event that the Plaintiff performed the guarantee obligation on behalf of the Defendant Company, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a guarantee agreement with the Defendant Co., Ltd. with the effect that (i) the amount of subrogation paid by the Plaintiff for the performance and the amount of delay calculated at the rate of 10% per annum from the date of payment to the date of full payment; (ii) additional guarantee fees calculated by adding the annual rate of the guarantee fee determined by the Plaintiff from the date following the expiration date of the guarantee term until the date of payment to the date of payment; and (iii) all incidental obligations such as legal procedure expenses incurred by the Plaintiff for the performance or preservation of its rights.

Accordingly, on May 6, 2011, the Plaintiff issued a letter of guarantee (guarantee No. C) on May 4, 2012 with respect to the principal and interest obligation of KRW 2,400,000,000 for small and medium enterprise loans that the Defendant Company will obtain from the non-party bank. On May 11, 2011, the Defendant Company changed the respective terms and conditions of guarantee to extend the guarantee amount to April 27, 2018, after receiving the loan of KRW 2,40,000,000 from the above non-party bank as collateral, and then having extended the guarantee amount to KRW 1,764,00,000,000, and the guarantee period.

B. On February 8, 2017, the Defendant Company, the client for the guarantee of the payment by subrogation and the occurrence of damages, lost the benefit of time due to the registration of credit management information, and the Defendant lost the benefit of time due to the above loan obligations.

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