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(영문) 서울중앙지방법원 2016.03.24 2014가단5351381
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,273,33,375 and KRW 2,261,929,987, from February 2, 2012 to June 2015.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit guarantee contract between the Defendant Company A (hereinafter “Defendant Company”), and the Defendant Company entered into a credit guarantee contract as listed in the separate sheet No. 1 with respect to each of the following loans. The Defendant Company jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to each credit guarantee agreement with respect to English in which the Defendant Company C, D, and the horses are written.

(2) On April 20, 2012, Defendant E entered into a installment repayment agreement with the Plaintiff on the part of the Defendant Company.

B. The Defendant, which carried out the loan, received a loan from the new bank as collateral each export credit guarantee certificate issued to the Plaintiff, as shown in attached Form 2.

C. Under each credit guarantee contract, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company agreed to pay the above guaranteed obligation and damages for delay at the rate of 11% per annum as determined by the Plaintiff.

(1) On December 17, 201, a guarantee accident occurred due to the occurrence of a guarantee accident, subrogation, etc.

(2) Accordingly, on behalf of the Defendant Company, the Plaintiff repaid 2,659,929,700 won in total as principal and interest of each loan. The amount of partial payment recovered is 2,261,929,987 won in total, and the amount of subrogated payment is 11,403,388 won in total.

[Reasons for Recognition] The each entry (including each number), Gap evidence Nos. 1 through 20, the purport of the whole argument

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the amount equivalent to the amount of the subrogated payment, etc. and damages for delay thereof to the Plaintiff, unless there are special circumstances.

B. A judgment on Defendant C’s assertion (1) is invalid under Article 104 of the Civil Act, and Defendant C is a defendant C, taking advantage of the imminent circumstances of Defendant C, in which the Plaintiff’s financial situation is urgent and the Plaintiff’s demand is bound to comply with.

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