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(영문) 서울중앙지방법원 2016.10.28 2016가단5066472
구상금 등 청구의 소
Text

1. As to KRW 136,531,443 and KRW 135,517,243 among the Plaintiff and the Plaintiff, Defendant A and B jointly and severally, from March 7, 2016 to June 2016.

Reasons

1. Basic facts

A. On March 6, 2015, pursuant to a credit guarantee agreement with Defendant A, the representative of “D” (hereinafter “the instant credit guarantee agreement”), the Plaintiff issued a letter of credit guarantee (the rate: 85%) as of March 7, 2016, with the number E, the principal of the guarantee, KRW 133,280,00,00, and the term of guarantee as of March 7, 2016. On March 6, 2015, the said Defendant guaranteed the obligation to repay the principal and interest by receiving a loan of KRW 156,80,000 from the Industrial Bank of Korea (hereinafter “the Industrial Bank of Korea”).

B. According to the instant credit guarantee agreement, in the event that the Plaintiff performed the foregoing guaranteed obligation, the Defendant A paid ① the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation, and the amount of delay damages calculated by applying the Plaintiff’s prescribed amount of damages (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016), and ② additional guarantee fees based on the rate calculated by adding the rate of 5/1,000 per annum from the date following the payment date of the guaranteed obligation to the date preceding the expiration date of the guaranteed obligation, ③ additional guarantee fees calculated by adding the rate of 5/1,00 per annum to the Plaintiff for the performance or preservation of the right, and ③ all incidental obligations, such as legal procedure expenses, etc., paid by the Plaintiff for the performance of the guaranteed obligation.

C. When Defendant A is subject to provisional attachment, seizure, provisional attachment, or bankruptcy procedure, or when the rehabilitation procedure or bankruptcy procedure is suspended, the business is suspended, the tax office is delinquent, the Plaintiff is subject to a disposition of suspension of transaction with tax office, or the Plaintiff’s failure to properly perform the principal and subordinate obligations guaranteed by the Plaintiff, or when it is deemed necessary to preserve the claim due to the aggravation of credit conditions, etc., the Plaintiff agreed to claim in advance for the amount guaranteed by the Plaintiff without any separate notice or peremptory notice to the Defendant A, and the Defendant B, as the wife of the Defendant A, is subject to all indemnity obligations against the Plaintiff under the credit guarantee agreement of this case.

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