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(영문) 서울중앙지방법원 2016.12.16 2016가합512915
구상금등청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 813,801,230 and KRW 813,79,627 among them.

Reasons

1. Facts of recognition;

A. On July 22, 2015, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a credit guarantee agreement between KRW 800 million in the guaranteed principal and until July 21, 2016 (hereinafter “instant credit guarantee agreement”). At the time of entering into the said credit guarantee agreement, Defendant B jointly and severally guaranteed the Plaintiff’s obligation under the credit guarantee agreement with the Defendant Company.

B. On July 29, 2015, the Defendant Company received a loan from the Industrial Bank of Korea on July 21, 2016, setting a maturity of KRW 1 billion for corporate purchase as a credit guarantee agreement under the instant credit guarantee agreement issued by the Plaintiff (hereinafter “instant loan”).

C. The instant credit guarantee agreement includes the following:

Article 6 (Prior Reimbursement) (1) When any of the following events occurs to a principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount he/she guarantees, even if there is no notification or peremptory notice from the plaintiff:

1. Where he/she violates Article 5;

4. Article 10 (Scope of Redemption) (1) Where a new guarantor fulfills a guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is discharged to the date when the obligation is repaid.

3. Expenses for discharge of guarantee obligation; and

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

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the fixed rate from the payment date of each expense to the repayment date of the expenses.

D. Defendant Company is due to the principal and interest due on October 1, 2015.

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