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(영문) 창원지방법원 2016.08.25 2016가합51583
구상금
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 437,517,139 and KRW 437,517,070 among them, Defendant A and B shall be jointly and severally liable for the payment of KRW 437,517,070.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant A Co., Ltd. entered into a credit guarantee agreement between the Plaintiff and the Defendant Co., Ltd.

(i)each credit guarantee agreement between the Defendant Company and the Busan Bank (hereinafter referred to as the “each credit guarantee agreement of this case”) with the terms and conditions set forth in the following table in order to secure the obligation arising from the loan from the Bank and the Busan Bank.

Upon entering into each credit guarantee agreement, Defendant B issued a letter of credit guarantee, and Defendant B issued a joint and several surety (hereinafter referred to as “joint and several surety of this case”) with all repayment obligations under each credit guarantee agreement of this case.

(DE2) The Defendant Company was granted a loan of KRW 235 million from the Bank of Korea and KRW 300 million from the Busan Bank as stated in the following table as security.

D E

B. The occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation (i.e., the closure, etc. of the Defendant Company) occurred on or around March 8, 2016. Accordingly, according to each credit guarantee agreement of this case, the Plaintiff paid the Plaintiff to the Bank and Busan Bank as follows: (a) the scope of the Plaintiff’s claims for reimbursement under each credit guarantee agreement of this case; (b) in the event the Plaintiff performed the guaranteed obligation due to the obligor’s failure to repay the guaranteed obligation, the amount and expenses required for the Plaintiff’s performance of the guaranteed obligation; (c) the Plaintiff’s expenses required for the Plaintiff’s performance of the guaranteed obligation; (d) the expenses required for the Plaintiff’s execution of the obligation; (d) the Plaintiff’s performance of the obligation; and (e) damages for delay as determined by the Plaintiff. (b) The interest rate determined by the Plaintiff in relation to the above damages for delay is 10% per annum 437,517,139 won in total from the date of payment to the date of each payment.

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