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(영문) 서울중앙지방법원 2017.09.19 2016가단5101085
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 197,031,564 and KRW 196,037,024 from April 21, 2016 to July 201, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) to guarantee the payment of principal and interest of loans that the Defendant Company received from the Industrial Bank of Korea. At the time of the above credit guarantee agreement, the inside director C (Defendant B’s wife) and Defendant B, a real manager, were jointly and severally guaranteed the Plaintiff’s obligation under the credit guarantee agreement.

By March 14, 2011, Defendant B, until March 14, 2012, as joint and several surety C, the term of credit guarantee principal of the credit guarantee agreement, 181,000,000 won, which is the date of credit guarantee agreement, C until March 14, 201, until March 14, 201, Defendant B, by March 14, 2012, by March 14, 201.

B. Each credit guarantee agreement of this case entered into an agreement to extend the term of guarantee by one year on March every year, which is prior to the expiration of each credit guarantee term, and extended the term of guarantee by March 14, 2016 (No. 1, 2) and April 18, 2016 (No. 3). At that time, each time, with the consent of C and Defendant B, a joint and several surety, entered into an application for change of the term of guarantee with the consent of C and Defendant B. However, when entering into an agreement to extend the term of credit guarantee by March 2015, C was exempted from the joint and several surety.

C. The Defendant Company received a loan from the Industrial Bank of Korea as a collateral for the said credit guarantee, but lost its interest due to natural disasters on February 16, 2016. On April 21, 2016, the Plaintiff, by subrogationing the Defendant Company, performed the guaranteed obligations stipulated in the respective credit guarantee agreements by paying the principal and interest of loans of KRW 81,848,773 (net 1), 18,200,750 (net 2), 95,987,501 (net 3), 196,037,024 in total.

In addition, 139,800 won (No. 1), 31,060 won (No. 2), 9,360 won (No. 3) was incurred as additional guarantee fees under the credit guarantee agreement in this case. The Plaintiff spent the total of 814,320 won on March 17, 2016 with legal procedure expenses, such as provisional seizure on real estate.

[Reasons for Recognition] Facts without dispute, and described in Gap evidence 1 to 14 respectively.

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