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(영문) 서울중앙지방법원 2017.10.24 2016가합576742
구상금 등 청구의 소
Text

1. From December 5, 2016 to December 19, 2016, Defendant A’s KRW 975,450,592 and KRW 975,449,233 among the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “C”) entered into a credit guarantee agreement

The Bank of Korea and our Bank of Korea, Inc. (hereinafter referred to as “Korea Bank”), as described in the following table:

(2) The credit guarantee agreement of this case (hereinafter referred to as the “each credit guarantee agreement of this case”) provides a guarantee for the repayment of loans to the Corporation.

(1) On August 4, 2011, the Bank of Korea revised the loan amount of KRW 300,000,000 (270,000,000) on August 4, 2010 (the change to July 8, 2017) to the Industrial Bank of Korea 300,000,000,000 won (340,000,000 won) on February 13, 2012 (the change to KRW 340,00,00) on February 13, 2014 (the change to the loan amount of KRW 340,00,00,000) to the credit guarantee amount of KRW 40,00,000,000 on May 15, 2013, the Bank of Korea changed to the credit guarantee amount of KRW 300,50,00,00 on May 36, 2005).

3) According to each credit guarantee agreement in this case, upon the Plaintiff’s performance of the guaranteed obligation, C shall pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated by the rate determined by the Plaintiff (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016) as well as the legal procedure, etc. (b) C has received a credit guarantee certificate issued under each of the credit guarantee agreements in this case as collateral (hereinafter “instant 1 through 3 loans”) as stated in the said table.

2. On December 5, 2016, the Plaintiff subrogated the principal and interest of the instant loan KRW 271,703,72, and KRW 341,755,236 of the principal and interest of the instant second loan, and KRW 366,966,585 of the principal and interest of the instant three loan, respectively. On December 5, 2016, the Plaintiff recovered KRW 4,976,310 of the subrogated payment of the instant loan.

(c) Conclusion of a sales contract for real estate stated in the attached list;

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