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(영문) 서울중앙지방법원 2016.06.23 2014가합591013
구상금 등
Text

1. Defendant A Co., Ltd, B, C, and D jointly and severally with the Plaintiff KRW 863,534,779 and KRW 863,372,294 among them.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”), under which Defendant A guarantees the performance of the obligation to repay loans to be received from the National Bank of Korea (hereinafter “National Bank”), as indicated below (hereinafter “National Bank”), the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “each credit guarantee agreement”).

[Attachment] The Defendant C and the representative director of the Defendant B, and the Defendant D, the inside director of the National Bank, on December 12, 2012, 201, bear the joint and several liability for reimbursement against the Plaintiff around November 14, 2014, KRW 675,00,000, totaling KRW 882,50,000,000 in the National Bank on November 12, 2014, pursuant to each of the credit guarantee agreements of this case, on December 16, 2014.

According to each credit guarantee agreement of this case, Defendant A, Defendant B, C, and D, when the Plaintiff performed a guarantee obligation, paid the amount of the guaranteed obligation and the amount of damages at the rate prescribed by the Plaintiff (12%) from the date of the performance of the guaranteed obligation to the date of full payment (12%) to the date of full payment (12%).

The Plaintiff’s loan and the Plaintiff’s subrogation issued each credit guarantee letter to Defendant A with the same content as the respective credit guarantee agreements of this case. On December 16, 2011, and November 15, 2013, Defendant A offered each of the credit guarantee certificates as security, and received the same loan as indicated in the “loan Amount” column (hereinafter “instant loan Nos. 1 and 2” in succession, and all of them were referred to as “each of the instant loan agreements”).

On September 15, 2014, Defendant A lost the benefit of lending obligations under each of the instant loans agreements due to the suspension of current account transaction.

Accordingly, on September 15, 2014, the National Bank of Korea causes a credit guarantee accident to the Plaintiff.

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