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(영문) 서울중앙지방법원 2015.01.09 2014가단5063011
구상금 등 청구의 소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 51,360,579 and KRW 50,852,000 among them.

Reasons

1. Facts of recognition;

A. On November 14, 2011, the Plaintiff, Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant B’s credit guarantee agreement concluded between the Plaintiff and Defendant B (hereinafter “Defendant B”), the terms and conditions of a credit guarantee agreement providing credit guarantee to Defendant A obtain a loan from a financial institution and issuing a credit guarantee certificate with the following contents (hereinafter “instant credit guarantee agreement”).

A) Upon entering into a credit guarantee agreement of this case, Defendant B became a joint and several surety for Defendant A’s obligation based on the credit guarantee agreement of this case. D2) Under the credit guarantee agreement of this case, where Defendant A lost the benefit of time due to the Plaintiff’s failure to repay the loan granted under the Plaintiff’s credit guarantee agreement, etc., and the Plaintiff performed the guaranteed obligation on behalf of the Plaintiff on behalf of the Plaintiff, Defendant A agreed to pay to the Plaintiff the amount of subrogated payment and the amount of delay pursuant to the Plaintiff’s interest rate as determined by the Plaintiff from the date of full payment to the date of full payment, and other incidental obligations. The interest rate for delay is 12% per annum from December 1, 2012 to the date of full payment, and Defendant A agreed to pay to the Plaintiff the expenses incurred in the execution, preservation, exercise, and legal procedure of the Plaintiff’s credit guarantee agreement of this case (hereinafter “payment on behalf”) and Defendant A did not discharge the guaranteed obligation due to Defendant A’s failure to discharge the guaranteed obligation within the given time limit, the amount calculated by the Plaintiff’s penalty rate of subparagraph 10.

3. Defendant 1 Company shall submit to the Han Bank the letter of credit guarantee received from the Plaintiff pursuant to the instant credit guarantee agreement.

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