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(영문) 서울중앙지방법원 2017.05.25 2016가합536393
구상금 등
Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 933,264,880 and KRW 362,732,840 among them.

Reasons

Basic Facts

The Plaintiff, including the conclusion of a credit guarantee agreement, entered into between Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”), and ① on June 19, 2012, KRW 34,00,00 (the subsequent change to KRW 27,200,00) and June 18, 2013 (the subsequent extension to June 17, 2016), ② by 340,000,000 won on March 28, 2013 (the subsequent extension to KRW 306,00,000,000) and KRW 30,000 (the second extension to KRW 306,00,00,000) and KRW 27,01,00 (the second extension to March 25, 2016), respectively, by 00,000 won (the second extension to KRW 301,00,005,00).

Defendant A, in accordance with the first guarantee agreement, was granted loans of KRW 400,000,00 from the National Bank in accordance with the second guarantee agreement, and KRW 400,000,000 from the Korean Bank in accordance with the third guarantee agreement, and KRW 100,000,000 from the Korean Bank in accordance with the third guarantee agreement, and KRW 100,000,000 from the Korean National Bank in accordance with the fourth guarantee agreement.

In the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation for the defendant A, the damages for delay calculated by the rate determined by the plaintiff (10% per annum) from the date of subrogation for the plaintiff, the expenses for preservation and execution disbursed by the plaintiff for the preservation or execution of the claim for reimbursement, the expenses for compensation and execution incurred by the plaintiff for the non-performance of the principal obligation, or the expenses for the non-performance of the principal obligation, during the period from the day following the expiration date of the payment period until the day before

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