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(영문) 서울중앙지방법원 2016.10.14 2016가합504051
구상금
Text

1. The plaintiff's lawsuit against defendant E Co., Ltd. and F shall be dismissed respectively.

2. Defendant A, B, and C

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on May 20, 2013, the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).

As of May 20, 2013 to May 19, 2014, Defendant A Co., Ltd. (hereinafter “National Bank”) and the guaranteed principal amounted to KRW 300,000,000, and the guarantee period.

(3) The term “the instant credit guarantee agreement” refers to a credit guarantee agreement with the content that guarantees the performance of the obligation to repay the loan (hereinafter referred to as the “instant credit guarantee agreement”).

(1) Defendant C and Defendant B Co., Ltd. (hereinafter “Defendant B”) as the representative director of Defendant A.

(2) At the time of the instant credit guarantee agreement, Defendant A guaranteed all obligations to be borne by the Plaintiff under the instant credit guarantee agreement. (2) The Plaintiff and Defendant A changed the term of guarantee of the instant credit guarantee agreement into May 18, 2015.

3) According to the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, Defendant A provided that the Plaintiff shall pay to the Plaintiff damages, penalties, damages calculated by the Plaintiff’s rate from the date of performance of guaranteed obligation to the date of repayment of guaranteed obligation (12% per annum from December 1, 2012 to the date of repayment of guaranteed obligation) as to the amount of performance of guaranteed obligation, and the expenses incurred in the execution, exercise, and legal procedure of the Plaintiff’s payment (Article 10 of the credit guarantee agreement of this case). (B) On May 20, 2013, Defendant A provided a credit guarantee certificate under the credit guarantee agreement of this case to Defendant A, and Defendant A provided the said credit guarantee certificate as collateral, and thereafter, loaned KRW 375,00,000 from a national bank (hereinafter “the loan of this case”).

(C) The occurrence of a guarantee accident and the Plaintiff’s subrogation, etc. (1) Defendant A incurred a credit guarantee accident on May 21, 2015, and the Plaintiff extended the instant loan to the National Bank on June 5, 2015 in accordance with the instant credit guarantee agreement.

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