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(영문) 서울중앙지방법원 2018.10.05 2018가합504321
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 204,906,200 and KRW 203,355,898, among them, shall be jointly and severally applied to the Plaintiff.

Reasons

1. Basic facts

A. On May 21, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on May 22, 2015, under which the amount of KRW 250,000,000, out of KRW 200,000,000, which was loaned by Defendant E Co., Ltd. (hereinafter “E”) as the principal of the credit guarantee.

(hereinafter “instant credit guarantee agreement”). Defendant B as the representative director of Defendant A, jointly and severally guaranteed Defendant A’s obligation to the Plaintiff based on the instant credit guarantee agreement.

Of the credit guarantee agreements in this case, the contents related to this case are as follows, and the rate of damages determined by the Plaintiff is 10% per annum from February 1, 2016.

Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall immediately refund the following amounts:

(hereinafter omitted)

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

6. Damages for delay calculated by multiplying the amounts of subparagraphs 3 and 4 by the rate determined by the Plaintiff from the date of payment of each expense to the date of repayment. (2) The principal and the joint guarantor shall pay both the following expenses paid on behalf of the Plaintiff and the damages for delay calculated by multiplying them by the rate determined by the Plaintiff:

(hereinafter omitted)

2. "The rate determined by the Plaintiff" in paragraphs 1 and 2 means the rate determined by the Plaintiff in consideration of financial institutions' overdue loans to the extent prescribed by law, and will comply with the change of the rate and calculation method if the rate are changed.

B. On October 18, 2017, E notified the Plaintiff of a credit guarantee accident that Defendant A delayed payment of interest on September 26, 2017.

The plaintiff on December 2017.

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