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(영문) 서울중앙지방법원 2016.06.22 2015가합527910
구상금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Amount guaranteed for recognition: Guarantee period for the payment of the price under the commercial transaction contract concluded between the defendant A and B on January 8, 2014: From June 30, 2014 to June 29, 2015: In cases where B receives notification, etc. of a transaction bank's current account transactions suspension, credit guarantee accident from a lending bank, etc., or where B and C cease to conduct business for not less than three consecutive months, they shall bear the obligation for the advance payment of the said amount without any separate notice or peremptory notice from the plaintiff;

The scope of redemption: When the plaintiff has performed the guaranteed obligation, the principal (B) and the joint and several sureties (C) shall immediately refund the amount falling under any of the following subparagraphs:

(4) Expenses incurred in the preservation, transfer and exercise of a right acquired through the discharge of a guaranteed liability: (5) Unpaid guarantee fees, delayed guarantee fees, and penalty; (6) Compensation for delay calculated by multiplying the amount referred to in subparagraphs 3 and 4 by the rate determined by the plaintiff from the payment date of each expense to the repayment date;

A. On June 30, 2014, the Plaintiff entered into a credit guarantee agreement with B with the following contents (hereinafter “instant credit guarantee agreement”), and issued a credit guarantee agreement stating the content of the guarantee to Defendant A as a creditor on the same day, and the co-defendant C (hereinafter “C”) was a joint and several surety for the indemnity obligation owed by B to the Plaintiff in accordance with the credit guarantee agreement on the same day.

B. B closed on February 9, 2015.

C. On April 7, 2015, the Plaintiff subrogated to Defendant A for KRW 300 million as a performance of the guaranteed obligation under the above credit guarantee agreement, and on the same day, from B.

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