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(영문) 대전지방법원천안지원 2016.11.09 2015가단107676
구상금 등
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for 242,913,244 won and 241,918,384 won.

Reasons

1. Facts of recognition;

A. (1) On September 13, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A, a stock company, and the credit guarantee term of KRW 240,00,000,00, and a credit guarantee agreement concluded between September 13, 2012 and September 13, 2013 (hereinafter “instant credit guarantee agreement”).

Defendant B, C, and D concluded the instant credit guarantee agreement. At the time of the instant credit guarantee agreement, Defendant A’s joint and several liability joint and several liability under the instant credit guarantee agreement of Defendant A Co., Ltd. (hereinafter “Defendant A”) was jointly and severally guaranteed (hereinafter “Defendant A”) and Defendant C Co., Ltd.

(2) On September 13, 2012, according to the instant credit guarantee agreement, the Plaintiff issued to the head of the Enterprise Bank Asan Branch of the Enterprise Bank, a credit guarantee letter (the loan subject: the loan subject: 240,000,000, and the period of guarantee: September 13, 2013) regarding money to be loaned to Defendant A.

Since then, on September 4, 2014, the Plaintiff sent a notice by changing the period of guarantee to the head of Agsan Branch Office of the Enterprise Bank on September 11, 2015.

3 At the time of the instant credit guarantee agreement, the Plaintiff, Defendant A, B, C, and D agreed as follows:

In other words, when the plaintiff fulfilled the guaranteed obligation under the above credit guarantee agreement, the above defendants are all damages calculated by multiplying the amount of performance of guaranteed obligation, ② the amount of performance of guaranteed obligation by the rate as determined by the plaintiff from the date of performance of guaranteed obligation until the date of repayment of guaranteed obligation, ③ expenses incurred in the performance of guaranteed obligation, ④ expenses incurred in the preservation, transfer and exercise of the right acquired through performance of guaranteed obligation, ⑤ unpaid guarantee fee, delayed guarantee fee, penalty, ③ damages for delay calculated by multiplying the amount of payment indicated ④ by the rate as determined by the plaintiff from the date of payment of each expense to the date of repayment of each expense, 7 fees for subrogation, 8 fees for insurance premium paid by the plaintiff on behalf of the plaintiff, expenses incurred in the exercise and the

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