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(영문) 서울중앙지방법원 2015.09.10 2014가합592153
구상금 등 청구의 소
Text

1. As to KRW 181,250,876 and KRW 180,953,243 among the Plaintiff, Defendant A shall be from November 28, 2014 to June 19, 2015.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and carried out loans 1) The Industrial Bank of Korea (hereinafter “the Bank”) with the funds for the operation of the gas station operated by Defendant A (hereinafter “the Bank”).

(2) On September 21, 2012, Defendant A entered into a credit guarantee agreement with respect to the debt to be borrowed from the Bank as follows. On December 21, 201, 201, 12% per annum of 90,000,000 per annum ( December 19, 2014) of the first credit guarantee agreement with the first credit guarantee period (the change of the guarantee period) issued pursuant to the first credit guarantee agreement on December 21, 2010, Defendant A obtained 12% per annum from the Industrial Bank of Korea on September 21, 2012 ( September 17, 2014) as a credit guarantee agreement with the first credit guarantee period of 10,000,000,000 issued as a collateral and the second credit guarantee period of 10,000,000 as a second credit guarantee agreement on December 16, 201, respectively.

B. In the event of a credit guarantee accident and the Plaintiff’s credit guarantee obligation, Defendant A delayed repayment of loans on September 18, 2014. On October 17, 2014, the Industrial Bank of Korea filed a claim against the Plaintiff for the performance of the guaranteed obligation on the grounds that the credit guarantee accident stipulated in each credit guarantee agreement occurred. 2) Accordingly, on November 28, 2014, the Plaintiff collected KRW 181,025,733 (the sum of the principal and interest of loans under each credit guarantee agreement plus interest KRW 90,00,000 + interest KRW 250,456) under each credit guarantee agreement with the Industrial Bank of Korea on November 28, 2014.

C. Defendant A entered into a sales contract and cancelled the right to collateral security between the Defendants, as well as the Industrial Bank of Korea on September 30, 2014.

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