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Reasons
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(영문) 서울고등법원 2016.11.10 2016나2025162
구상금 등
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) Credit guarantee agreements and joint and several sureties A between the Credit Guarantee Fund and E, the Credit Guarantee Fund, June 24, 201, shall be E Co., Ltd. (hereinafter referred to as “E”);

(1) As between June 24, 201 to June 7, 2012, Korea Exchange Bank (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) with the guarantee principal of KRW 264,00,000, and the guarantee period of KRW 264,00,000.

(C) the first credit guarantee agreement of 30,000,000 to guarantee the obligation of the loans of 330,000,000 won (hereinafter the “instant credit guarantee agreement”).

2) As to June 24, 201 to June 22, 2012, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) (hereinafter “Korea Bank”) is the guarantee principal:

(1) The credit guarantee agreement of KRW 1,620,00,000 with respect to the credit guarantee agreement of KRW 1,620,000 (hereinafter referred to as the “instant credit guarantee agreement”) refers to the respective credit guarantee agreement of the instant case.

2) At the time of the conclusion of each credit guarantee agreement in this case, E agreed to pay to the Credit Guarantee Fund the amount of damages calculated at the rate prescribed by the Credit Guarantee Fund (12% per annum from December 1, 2012 to the closing date of pleadings) as to the amount of performance of the guaranteed obligation, (2) the amount of performance of the guaranteed obligation, and the amount of performance of the guaranteed obligation, from the date of the performance of the guaranteed obligation to the date of full payment.

3) On June 24, 201, which is the date of the conclusion of each credit guarantee agreement of this case, A, the wife of E representative director, jointly and severally guaranteed all obligations owed by E to the Credit Guarantee Fund in accordance with each of the credit guarantee agreements of this case. (b) E, etc. (i) on June 24, 2011, took out loans of KRW 330,000 from the Korea Exchange Bank based on the instant credit guarantee agreement. Based on the instant credit guarantee agreement, E, based on the instant credit guarantee agreement, took out loans of KRW 1,620,000 from our bank.

2. Meanwhile, the guaranteed amount of the second credit guarantee agreement of this case is KRW 1,080,000 on June 22, 2012.

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