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(영문) 서울중앙지방법원 2017.08.24 2016가합551934
구상금등청구의 소
Text

1. The Plaintiff’s lawsuit against Defendant Hyundai B&S ethyl Co., Ltd is dismissed.

2. Defendant A Co., Ltd. and B, respectively.

Reasons

1. Basic facts

A. (1) On November 21, 2008, the Plaintiff entered into a credit guarantee agreement, etc.) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(1) As well as a credit guarantee agreement (hereinafter referred to as “instant first guarantee agreement”) established until November 20, 2009, as well as the guaranteed amount of KRW 1,500,000,000, and the term of guarantee (amended by November 11, 2016 thereafter) (hereinafter referred to as “instant first guarantee agreement”).

(1) Defendant A entered into a credit guarantee agreement, and Defendant A entered into a credit guarantee agreement with Defendant Hyundai B&S ethyl Co., Ltd. (hereinafter “Defendant Hyundai B&S ethyl”).

(2) On September 9, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A and the guaranteed amount of KRW 800 million and the guarantee term until September 7, 2012 (hereinafter “instant guarantee agreement”) (hereinafter “instant guarantee agreement”). Defendant A obtained a credit guarantee agreement under the said guarantee agreement on the same day, and obtained a loan of KRW 1,00,000,000 from the National Bank of Korea as corporate purchase funds.

3) On September 3, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant A and the guaranteed amount of KRW 160,000,000, and a credit guarantee agreement as of September 2, 2016 (hereinafter “instant third guarantee agreement”) with the term of guarantee as of September 2, 2016 (hereinafter “instant third guarantee agreement”). In addition, each of the said guarantee agreements is “each of the instant

(4) According to each of the instant guarantee agreements, Defendant A entered into a credit guarantee agreement on the same day with a credit guarantee agreement and borrowed KRW 200,000,000 from the Industrial Bank of Korea as corporate capital. Under each of the instant guarantee agreements, when the Plaintiff fulfilled the guaranteed obligation on behalf of the Defendant A, Defendant A agreed to pay to the Plaintiff the amount of subrogation, damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation, damages for delay calculated by the Plaintiff’s performance of the guaranteed obligation on behalf of the Plaintiff, and the legal procedural expenses

Defendant B jointly and severally guaranteed the obligation of indemnity to be borne by Defendant A in accordance with each guarantee agreement of this case.

B. The occurrence of a credit guarantee accident and the subrogation of the defendant A shall be January 1, 2016.

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