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(영문) 서울중앙지방법원 2018.02.09 2017가합556912
구상금 등 청구의 소
Text

1. Defendant A and B, jointly and severally, shall be charged with KRW 257,415,825 and its amount of KRW 257,193,393 to the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) and the Defendant Company with respect to the loans to be borne by the Busan Bank (hereinafter “Non-Party Bank”), as listed in the following table, and the Non-Party Bank secured each of the above credit guarantee agreements as security, and loaned each of the loans as set forth in the following table to the Defendant Company at the respective date of each loan stated below.

Defendant B, the representative director of the Defendant Company, guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the above credit guarantee agreement.

On June 16, 2017, Jun. 16, 2016, the amount of the first guarantee extended on the date of lending the original guarantee term (the original guarantee term) and the first guarantee term (the original guarantee term) 135,000,000,000 ordinary loan on June 16, 2017, the second guarantee term of 127,50,500,000 on June 16, 2016, under each credit guarantee agreement as of June 15, 2017, the Defendants decided to reimburse the Plaintiff for the amount of the guaranteed obligation discharged to the Plaintiff on June 15, 2016, the compensation for the rights acquired through the repayment of the guaranteed obligation, and the expenses incurred in the transfer and exercise of the rights acquired through the repayment of the guaranteed obligation.

The agreed delay damages rate applied at the time of November 17, 2016 is 10% per annum.

B. On September 20, 2016, after a credit guarantee accident occurred as a natural body, the Defendant Company made a final fraudulent treatment after the occurrence of the credit guarantee accident, thereby losing the benefit of each of the above loans. On November 17, 2016, the Plaintiff made a payment by subrogation for the Plaintiff at a non-party bank in total of KRW 258,514,401 [the principal amount of the first guarantee plus interest KRW 1,554,350] £« (the principal amount plus interest KRW 127,50,500 + interest KRW 1,960,051]; and

C. On November 17, 2016, the Plaintiff recovered KRW 1,321,00,000 from the Defendant Company’s subrogation, and the Plaintiff’s property to preserve the claim for indemnity against the Defendant Company.

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