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(영문) 서울고등법원 2018.08.17 2018나2008413
구상금 등 청구의 소
Text

1. The Plaintiff’s appeal against Defendant H Co., Ltd. is dismissed.

2. Defendant I’s appeal is dismissed.

3.(a)

The first instance court.

Reasons

1. The facts following the facts are either not disputed between the parties, or acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 9 (including branch numbers; hereinafter the same shall apply).

[1] On April 21, 201, the Plaintiff entered into a credit guarantee agreement between Co-Defendant B (hereinafter “Co-Defendant B”) and the Co-Defendant B’s farming association (hereinafter “Co-Defendant of the first instance trial”) with a credit guarantee agreement (hereinafter “No. 1 guarantee agreement”) stipulated on April 20, 201 as the guaranteed amount of KRW 467,50,000, and the guarantee term of KRW 467,50,000, and April 20, 2012.

B In accordance with the first guarantee agreement on April 21, 201, the agricultural partnership was granted a loan of KRW 550,000,000 from M on April 20, 201.

On April 14, 2015, the Plaintiff entered into a credit guarantee agreement with B agricultural partnership (hereinafter “B-guarantee agreement”) with the amount of security deposit of KRW 608,000,000, and the term of guarantee of April 13, 2016.

B A loan was granted by N on April 14, 2015 after the due date for payment of KRW 760,000,000 from N. on April 13, 2016.

On April 19, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “third guarantee agreement”) with Co-Defendant E Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (hereinafter “Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd”) (hereinafter “Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd.”) as of April 18, 2017.

E was granted a loan on April 19, 2012 after the due date for payment of KRW 330,000,000 from an O bank, in accordance with the third guarantee agreement.

In each guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation for the farming association corporation B and E, they shall pay to the plaintiff delayed damages calculated at the interest rate (10% per annum) set by the plaintiff after the date of performance for the amount of the guaranteed obligation, the date on which the obligation is to be discharged for the guaranteed obligation, or the date on which the guarantee fee arrives after the expiration of the payment period, whichever comes later.

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