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(영문) 서울중앙지방법원 2020.03.12 2019가단5009968
구상금 등 청구의 소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 150,773,108 and KRW 150,772,921 among them.

Reasons

1. Facts of recognition;

A. Credit guarantee and loan 1) The Plaintiff is the Defendant Limited Company A (hereinafter “Defendant Company”).

(B) As to the obligation to be borne by the Defendant Company under the joint and several sureties of Defendant B, the representative director, by a financial institution, each credit guarantee agreement ("the credit guarantee agreement of this case") over two occasions as follows.

(1) A business bank has concluded a credit guarantee agreement and issued a credit guarantee agreement. Accordingly, each of the above guarantees was paid to the Defendant Company KRW 100,000,000 to the Defendant Company as a loan. (1) A guarantee number: D (hereinafter referred to as “first guarantee”).

on July 4, 2013: Guarantee period: 85,00,000 won (the change of the principal to KRW 80,750,000): July 3, 2014 (the change to June 28, 2019): A business financing bank (2) guarantee number: E (the second guarantee).

() The date of guarantee: The term of guarantee: 85,00,000 won (amended by KRW 68,400,000): May 11, 2015 (amended by May 10, 2019): A corporate loan bank: A corporate bank; (2) the Defendant Company, as the content of the credit guarantee agreement in this case, has agreed to pay the Plaintiff the amount of subrogation and the amount of delayed payment based on the interest rate prescribed by the Plaintiff from the date of performance to the date of full payment, and the rate of delay payment is 10% per annum from February 1, 2016 to the date of performance when the Plaintiff performed the guaranteed obligation on behalf of the Defendant Company.

B. The Defendant Company, on September 5, 2018, lost the benefit of each of the above loans due to the delayed payment of interest, and the Plaintiff, on behalf of the Defendant Company, repaid KRW 151,458,138 to an enterprise bank on November 29, 2018.

The plaintiff recovered KRW 685,217 on the date of subrogation and appropriated it for the repayment of the subrogated amount under the first guarantee.

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