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(영문) 서울중앙지방법원 2016.09.27 2015가합545130
구상금 등
Text

1. As to Defendant A and B’s joint and several liability for KRW 427,965,865 and KRW 426,44,769 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on June 11, 2015.

Reasons

1. Facts of recognition;

A. Conclusion of a credit guarantee agreement and joint and several sureties 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”).

(2) As indicated below, each credit guarantee agreement of this case (hereinafter referred to as “each credit guarantee agreement of this case”) shall be

(2) Defendant B jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff pursuant to the respective credit guarantee agreements in this case. On March 26, 2012, Defendant B concluded the instant credit guarantee agreement, Defendant B jointly and severally guaranteed all obligations that Defendant A owes to the Plaintiff. On March 26, 2012, the principal guaranteed on the date of entering into the instant credit guarantee agreement (won) and the principal guaranteed for each type of guarantee loan (cost), the estimated amount of loan for the other party, 200,000,000 corporate bank loan guarantee 2,000,000,000 corporate bank loan guarantee 170,000,000,000,000 corporate bank loan guarantee 20,0000,000,000,000 loan guarantee as of March 20, 2014, in the event the Plaintiff performed the guaranteed obligation, Defendant A paid the remainder of each credit guarantee agreement to the Plaintiff and the Plaintiff at an annual interest rate of 12% per annum as determined by the Plaintiff.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A provided a credit guarantee agreement under each of the instant credit guarantee agreements and provided loans from an enterprise bank. However, on March 19, 2015, the occurrence of a credit guarantee accident, such as the principal and annual interest, closure of business, and de facto discontinuance of contact. 2) The Plaintiff subrogated for a corporate bank on June 11, 2015 (i.e., KRW 431,103,485 (= KRW 181,047,180, KRW 250,056,30), and thereafter, on June 747, 2015, KRW 190, KRW 3,91,526, Jul. 26, 2015 (i.e., KRW 1,92,526, KRW 1,989), KRW 4,684,7564,7685,764,7564,7567

In addition, the amount of final and conclusive damages incurred under each credit guarantee agreement of this case is KRW 28,536, and penalty is KRW 1,492,560.

As a result, the Plaintiff currently has a claim for indemnity amounting to Defendant A at KRW 427,965,865 (i.e., the amount of subrogated payment at KRW 426,44,769 (28,5362,560).

(hereinafter referred to as “the claim for indemnity of this case”).

Defendant.

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