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(영문) 서울중앙지방법원 2017.08.24 2016가단5059207
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) with respect to KRW 382,262,164 and KRW 172,144,220, among them, from November 30, 2015; and (b) with respect to KRW 382,262,164.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd (hereinafter “Defendant Co., Ltd”) entered into a credit guarantee agreement with the Plaintiff, including the conclusion of a credit guarantee agreement, and received loans from a financial institution as a security, and G and F jointly and severally guaranteed the Defendant Co., Ltd’s obligations under each of the above agreements at the time of the above credit guarantee agreement.

(Unit) On October 9, 2006, to October 9, 2007 (Extension to November 5, 2015) Korea Bank’s loan of 28.5 billion won in small and medium enterprise loans from April 16, 2008 to April 16, 2009 (Extension to April 8, 2016), an enterprise bank’s liability to pay the Plaintiff an additional interest rate of 15.15 billion in installments from May 4, 2010 to May 4, 2015 (Extension to May 15, 2015) the Plaintiff agreed to pay the Plaintiff an additional interest rate of 15.15 billion in subrogation from the payment date of the loan of 18.5 billion won in general loan of 18.5 billion won in loan of 2005 billion won in loan of 15.15 billion won in repayment to the Plaintiff on April 25, 2008.

B. On September 12, 2015, the above lending banks notified the Plaintiff of the occurrence of a credit guarantee accident, with respect to each credit guarantee set forth in Nos. 2 and 4 of the above Table, and notified the Plaintiff of the occurrence of the credit guarantee accident caused by each natural body as to each credit guarantee set forth in Nos. 1 and 3 of the above table on September 23, 2015.

C. The Plaintiff fulfilled the Plaintiff’s guarantee liability: (a) on November 30, 2015, the Plaintiff subrogated each of KRW 172,144,220, total sum of the principal and interest of each guaranteed loan under Nos. 2 and 4 as of November 30, 2015; and (b) on January 29, 2016, KRW 209,93,101, total sum of the principal and interest of each guaranteed loan under No. 1 and 3 as of January

In addition, the plaintiff paid KRW 1,827,140 to compensate for the amount of indemnity due to each subrogation.

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