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(영문) 서울중앙지방법원 2017.06.07 2014가합527197
구상금
Text

1. As to the Defendant A and B’s joint and several KRW 382,635,873 and KRW 324,034,840, among them, the Defendant A and B’s joint and several liability. From March 25, 2014; and 56.

Reasons

1. Determination as to the claim for indemnity

A. 1) The Plaintiff is a special corporation established under the Credit Guarantee Fund Act; Defendant A is a corporation for the purpose of the system software development and supply business; Defendant B is an internal director of Defendant A; Defendant B is the Defendant’s internal director. 2) The Plaintiff entered into a credit guarantee agreement (hereinafter “the first guarantee agreement of this case”) with the Defendant on May 16, 2013, which is the guaranteed amount of 56,000,000 won on May 18, 2012, and the guaranteed term of 16, 2013 (up to May 16, 2014), and the said Defendant received a loan of 70,000,000 won from a new bank (hereinafter “new bank”).

3) The Plaintiff’s credit guarantee agreement between Defendant A and the guaranteed amount of KRW 320,00,000,000 on June 20, 2013, and credit guarantee agreement between June 19, 2014 (hereinafter “instant guarantee agreement”).

The above Defendant entered into the Bank of Korea (hereinafter referred to as the “Bank”) in accordance with the above guarantee agreement.

(4) At the time of each of the instant guarantee agreements, Defendant A agreed to reimburse the Plaintiff with respect to the amount of the guaranteed obligation and the amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation on behalf of the said Defendant, as well as the expenses incurred in performing the guaranteed obligation at the rate prescribed by the Plaintiff (12% per annum from December 1, 2012) from the date of full payment of the guaranteed obligation to the date of full payment of the guaranteed obligation, and Defendant B jointly and severally guaranteed the respective reimbursement obligations against the Plaintiff by Defendant A.

5) On January 15, 2014, with respect to loans under the instant guarantee agreement, the current account transaction suspension as of January 15, 2014 (hereinafter “instant guarantee accident”).

() On January 20, 2014, with respect to loans under the first guarantee agreement of this case, loss of the benefit of time due to the disposition of suspension of transaction at a clearing house on January 20, 2014 (hereinafter “instant first guarantee accident”).

() Each guarantee accident occurred. The Plaintiff, according to the respective guarantee agreement, at the Industrial Bank of Korea on March 25, 2014, 324,034,840 won (=interest of KRW 324,000,000).

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