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(영문) 서울고등법원 2018.06.21 2018나2005124
구상금등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “A”)

(1) As between the two, each credit guarantee agreement of this case shall be referred to as the "each credit guarantee agreement of this case" in the following table:

A) The contract was concluded, and A provides each credit guarantee certificate issued by the Plaintiff as security, and our bank (hereinafter referred to as “Korea bank”).

(1) From March 26, 2009, KRW 500,000, and KRW 465,000 on March 10, 2016, respectively, were loaned respectively. Serially, from March 26, 2009, F from March 26, 2009 to March 25, 2010 (the extension from March 30, 2016) KRW 375,000,000 (202,50,000) (the extension from March 10, 2016 to December 30, 2016) to the Plaintiff, each of the credit guarantee agreements under each of the instant credit guarantee agreements, each of the credit guarantee agreements, the representative director of which was jointly and severally and severally guaranteed, was concluded on March 10, 2016 to December 30, 200, respectively.

3) According to each credit guarantee agreement of this case, upon the Plaintiff’s performance of the guaranteed obligation, A and B shall pay the Plaintiff the amount of the guaranteed obligation, damages for delay calculated by the Plaintiff’s interest rate, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of rights. B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) caused a credit guarantee accident due to default on August 20, 2016.

On September 30, 2016, the Plaintiff subrogated for KRW 520,174,914 (i.e., principal amount of KRW 514,50,000, KRW 5,674,914) to the Bank on behalf of the Plaintiff in accordance with each credit guarantee agreement in the instant case.

On the other hand, the Plaintiff recovered KRW 2,345,920 from A on the same day and appropriated KRW 2,036,070 among them to the principal and interest of the said guaranteed amount (the money was appropriated for substitute payment) and the balance of the principal and interest of the guaranteed amount was KRW 518,138,844 (=520,174,914 - KRW 2,036,070).

2. The amount of final damages paid to KRW 2,345,920 that the Plaintiff recovered as above is KRW 557, and the Plaintiff.

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