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(영문) 서울중앙지방법원 2015.05.13 2014가합553004
구상금 등 청구의 소
Text

1. Defendant A Co., Ltd. and Defendant B jointly and severally against the Plaintiff KRW 154,765,764 and KRW 154,765,625 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement of this case) on October 1, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”).

As to the credit guarantee obligations against Defendant A and the Industrial Bank of Korea, the credit guarantee principal was finally changed from October 1, 2009 to October 1, 2010 under the joint and several guarantee principal of Defendant B, the representative director of Defendant A, and the credit guarantee period of Defendant A, to October 26, 2014 (the former credit guarantee principal was changed to KRW 152,00,000,000, and the credit guarantee period was changed to September 26, 2014.

ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).

On the same day, the Bank concluded a credit guarantee agreement and issued a credit guarantee agreement with the Bank as the guaranteed amount of KRW 190,000,000, the guaranteed amount of Defendant A, the surety’s guarantee period of October 1, 2010, and the general loan term of the loan. The Defendant A borrowed KRW 200,000,000 from the Bank as collateral. (2) At the time of the credit guarantee agreement of this case, the Plaintiff, Defendant A, and Defendant A did not pay the loan to the Bank, and the Plaintiff performed the guaranteed obligation due to the Plaintiff’s failure to pay the loan to the Bank, the Defendant and the Defendant B agreed to reimburse the Plaintiff, the amount of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, and the additional guarantee fee determined by the Plaintiff from December 2, 201 to December 14, 2010.

3) At the time of the instant credit guarantee agreement, the Plaintiff, Defendant A, and Defendant B agreed to assume the Plaintiff’s obligation to perform the principal obligation (the obligation to ensure that the Plaintiff does not perform the guaranteed obligation by entirely discharging the principal obligation guaranteed by the Plaintiff). B) The interest accrued after January 27, 2014.

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