logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.19 2015가합529091
구상금 및 사해행위취소 등 청구의 소
Text

1. As to KRW 1,275,543,563 and KRW 1,265,211,125 among the Plaintiff, Defendant A and B jointly and severally filed with the Plaintiff.

Reasons

Basic Facts

On February 19, 2014, G 1,256,00,000 KRW 1,570,000,00 on February 17, 2015, when a credit guarantee agreement was concluded, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Defendant Company A (hereinafter “Defendant Company”) on February 19, 2014 in order to guarantee the payment of the principal and interest of a loan from the Korean Bank Co., Ltd. (hereinafter “Korea Bank”), and accordingly, issued a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) to Korea bank on the same day.

On February 20, 2014, the Defendant Company borrowed KRW 1,570,00,000 from the Bank as collateral.

(hereinafter “the instant loan”). According to the credit guarantee agreement, when the Plaintiff fulfills the guaranteed obligation under the credit guarantee agreement, the principal debtor and the joint guarantor agreed to repay to the Plaintiff ① the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and the damages for delay calculated by the Plaintiff’s fixed rate from the date of performance to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the exercise of the right acquired by the performance of the guaranteed obligation, and the expenses incurred in the preservation and transfer of the right acquired by the performance of the guaranteed obligation, ③ the unpaid guarantee fee, delay

The rate of delay damages determined by the Plaintiff is 12% per annum from the date of the instant credit guarantee agreement to the present.

Defendant B jointly and severally guaranteed all obligations under the instant credit guarantee agreement against the Plaintiff of the Defendant Company.

On February 18, 2015, the Plaintiff’s subrogation company lost the interest of the due date for loans to our banks due to delinquency in the payment of principal. Under the credit guarantee agreement of this case, the Plaintiff suffered an accident of guarantee on April 8, 2015, and pursuant to the credit guarantee agreement of this case, the Plaintiff paid to our bank the principal amount of KRW 1,256,00,000,000, interest amount of KRW 9,211,125, total of KRW 1,265,211.

arrow