(영문) 서울중앙지방법원 2018.06.05 2017가합563385

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(영문) 서울중앙지방법원 2018.06.05 2017가합563385

구상금 등

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1. Defendant A is jointly and severally liable to the Plaintiff with C.

A. Upon arrival of December 31, 2019, KRW 50,496,514 and KRW 50.2

Reasons

1. Basic facts

A. On October 23, 2015, the Plaintiff entered into a credit guarantee agreement between C and a national bank (hereinafter “C”) with a credit guarantee principal, which provides that KRW 270,000,000 of the loans to C shall be the credit guarantee principal, and the credit guarantee period shall be from October 23, 2015 to October 21, 2016 (hereinafter “the instant credit guarantee agreement”). The credit guarantee term of the instant credit guarantee agreement was extended by October 20, 2017, and was reduced to KRW 256,50,000.

Defendant A guaranteed all obligations owed by C to the Plaintiff on the same day in accordance with the credit guarantee agreement of this case.

In the event that the Plaintiff performed the guaranteed obligation under the instant credit guarantee agreement, C and A agreed to pay the Plaintiff’s amount of money, penalty, expenses, etc. jointly and severally paid by the Plaintiff in addition to the interest rate set by the Plaintiff. The interest rate set by the Plaintiff is 10% per annum.

B. On July 20, 2017, C filed an application for rehabilitation with the Seoul Rehabilitation Court (Seoul Rehabilitation Court 2017 Gohap100129), and on August 3, 2017, C notified the Plaintiff of the occurrence of the credit guarantee accident.

Accordingly, on September 8, 2017, the Plaintiff collected 265,640 won, out of the same day, after paying the principal and interest of loan 258,341,670 won by subrogation to a national bank according to the credit guarantee agreement in this case. The damages incurred up to the time (=265,640 won x 1/365 x 0.1).

C. Under the above rehabilitation procedure against C, the Plaintiff’s claim for reimbursement against C was modified as follows, and the rehabilitation plan containing such contents was finalized on January 10, 2018 with the approval of the Seoul Rehabilitation Court.

1) 44% of principal and interest prior to commencement shall be extinguished in lieu of payment on the effective date of the issuance of new shares by C.

(ii)14,275,755 won ( principal of KRW 143,640,00 and interest of KRW 635,755) equivalent to 56 per cent shall be repaid in cash. (ii)

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