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(영문) 서울중앙지방법원 2015.11.13 2014가합568204
구상금 등
Text

1. As to Defendant A and B’s joint and several liability for KRW 845,881,229 and KRW 251,312,373 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to conclude a credit guarantee agreement and implement loans.

As between May 14, 2010, ① the guaranteed amount of KRW 80,000,000, and the term of guarantee until May 13, 2011, Han Bank Co., Ltd. (hereinafter “I Bank”) shall be the other party to guarantee (hereinafter “I Bank”).

(B) A credit guarantee agreement under the terms and conditions of guarantee; (2) around December 11, 2013, the amount guaranteed to KRW 508,00,000,000 until December 11, 2014; (3) a credit guarantee agreement under which the guaranteed partner is a single bank; and (4) a credit guarantee agreement under which the guaranteed partner is a single bank; and (3) by March 17, 2014, the amount guaranteed to KRW 255,00,000,000; and (4) the term of guarantee by March 16, 2015; and (4) the Guarantee counterpart

(i) the credit guarantee agreement under the Credit Guarantee Agreement (hereinafter collectively referred to as “each of the credit guarantee agreements in this case”).

(2) According to each credit guarantee agreement of this case, Defendant B, the representative of the Defendant Company, jointly and severally guaranteed all obligations under each of the credit guarantee agreements of this case that the Defendant Company owes to the Plaintiff. (2) According to each of the credit guarantee agreements of this case, Defendant B, the principal debtor, the Defendant Company, and the joint and several sureties, shall pay to the Plaintiff damages for delay in accordance with the rate determined by the Plaintiff from the date of performance and performance of the guaranteed obligation to the date of repayment,

3) Under the instant credit guarantee agreement, the Defendant Company borrowed KRW 10,00,000,000 from one bank on May 24, 2010 and KRW 635,00,000 on December 13, 2013, respectively, and KRW 300,000 from an enterprise bank on March 19, 2014. (B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation on behalf of the Plaintiff incurred a credit guarantee accident by delaying the principal and interest of loans on July 1, 2014, and the Plaintiff incurred a credit guarantee accident at an enterprise bank on July 31, 2014 (i) the principal amount of KRW 256,623,81 (i) the principal amount of KRW 25,00,000,000, KRW 1,623,81) and (ii) the principal amount of KRW 15,50,005, Aug. 29, 2014.

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