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(영문) 서울중앙지방법원 2017.08.22 2016가단5165836
구상금
Text

1. From June 23, 2016 to October 21, 2016, Defendant A paid KRW 255,136,125 to the Plaintiff, as regards KRW 255,135,575.

Reasons

1. Facts of recognition;

A. On April 9, 2015, the Plaintiff concluded two credit guarantee agreements with Co., Ltd. to guarantee C’s obligation by setting the coverage amount to KRW 85,00,000,000,170,000,000, and each credit guarantee period to be issued accordingly on April 8, 2016.

C Each credit guarantee written by the Industrial Bank of Korea was loaned KRW 100,000,000 on April 20, 2015, and KRW 200,00,000 on April 27, 2015, respectively.

After that, each credit guarantee agreement was extended on April 7, 2017.

B. According to a credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, C shall pay to the Plaintiff the amount of the debt and the amount of damages according to the ratio set by the Plaintiff. If C fails to fully pay the principal and the subordinate debt to the lending financial institution by the due date, the Plaintiff may exercise the right of advance reimbursement.

C. Defendant A as the representative director of C, and at the time of the credit guarantee agreement, jointly and severally guaranteed all the obligations that C would incur to the Plaintiff due to the credit guarantee agreement.

As a guarantee accident that C does not pay interest by May 10, 2016, the Industrial Bank of Korea filed a claim against the Plaintiff for the performance of the guaranteed obligation. The Plaintiff paid KRW 257,150,685 on June 23, 2016, and the damages incurred up to that time were 50 won, and 2,015,110 won were recovered.

Meanwhile, the rate of damages for delay determined by the Plaintiff is 10% per annum.

E. On March 30, 2016, Defendant A sold 1/2 of the buildings indicated in the separate sheet (hereinafter “instant building”) as the only property to Defendant B, who is the same student, under the status of excess of his/her obligation, and completed the registration of ownership transfer stated in paragraph (2) of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings

2. Determination

A. Defendant A filed a claim against Defendant A, as a joint and several surety under the credit guarantee agreement, shall be KRW 255,136,125 = Amount subrogated to the Plaintiff = KRW 257,150,685.

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