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Reasons
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(영문) 서울중앙지방법원 2018.11.23 2017가합564623
구상금 등
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1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 277,852,549 and KRW 276,46,761 among them.

Reasons

1. Basic facts

A. On May 24, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the credit guarantee principal of KRW 297,00,000, and the credit guarantee period from May 24, 201 to May 23, 2016 (hereinafter “instant credit guarantee agreement”) and issued a credit guarantee certificate (Guarantee NumberF) to Defendant A. Under the said credit guarantee agreement, the Plaintiff jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff.

The part relating to this case in the credit guarantee contract of this case is as follows.

Article 10 (Scope of Redemption) (1) When new (Plaintiffs in this case) has performed guaranteed obligations, the principal and the joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the new report from the payment date of each expense to the repayment date.

7. Article 16 (Joint and Several sureties) (1) A joint and several sureties shall assume the responsibility for performance of all obligations to be borne under this agreement with the principal;

B. On May 25, 2011, Defendant A received a corporate general financing loan from G Co., Ltd. (hereinafter “G”) on the security of the said letter of credit guarantee (loan amounting to KRW 330,000,000).

C. As the guarantee period of the instant credit guarantee contract expires, the Plaintiff changed the guarantee period from “297,00,000 won” to “272,00,000 won” to “272,00,000 won” as the guaranteed amount, and changed the guarantee period to “from May 23, 2016 to “from May 21, 2021,” and changed the said credit guarantee conditions to G on May 23, 2016.

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