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(영문) 서울중앙지방법원 2013.12.24 2013가합507493
구상금
Text

1. Defendant A, B, and C jointly and severally for the Plaintiff KRW 937,97,668 and KRW 707,276,256 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a credit guarantee agreement and joint and several sureties agreement

(1) As to April 3, 2009, the credit guarantee agreement between ① (a) the credit guarantee principal of the credit guarantee principal of KRW 285 million and the credit guarantee period from April 3, 2009 to April 2, 2010 that guarantees the obligation of loans to be borne by the Defendant Company (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) The term “credit guarantee agreement” refers to a credit guarantee agreement under which the Defendant Company guarantees the obligations of loans to be borne by the Defendant Company, setting the principal of the credit guarantee principal of KRW 800 million on June 1, 2012, and the period of credit guarantee from June 1, 2012 to May 31, 2013 (hereinafter “instant credit guarantee agreement”).

Upon entering into a credit guarantee agreement between Defendant B and C, at the time of entering into the instant credit guarantee agreement, each joint and several guarantee agreement between the Plaintiff and the Defendant Company to jointly and severally perform all the obligations that the Defendant Company would incur to the Plaintiff pursuant to the credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “each joint and several guarantee agreement of this case”).

(2) Under the Credit Guarantee Agreement and each joint and several guarantee agreement of the instant case, Defendant Company, B, and C agreed to pay to the Plaintiff the amount of performance of the guaranteed obligation, the amount of delay damages at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, and the amount of loss for delay acquired by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.

On the other hand, the agreed damages rate for delay determined by the Plaintiff with respect to the above agreed damages for delay is 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from the next day to the closing date of the argument in this case.

3. Article 6(1) of the Agreement on Credit Guarantee Agreements in this case is in violation of the obligation to perform the principal obligation subject to credit guarantee or the credit information management rules of the Korea Federation of Banks.

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