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(영문) 서울중앙지방법원 2015.10.27 2014가단5271430
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 304,488,225 and KRW 46,121,720 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on June 30, 2014.

Reasons

1. Basic facts

A. 1) On April 18, 201, the Plaintiff entered into a credit guarantee agreement. The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

B) By April 17, 2012, the guaranteed amount of KRW 45 million and the term of guarantee was extended by April 17, 2012 to guarantee the payment of principal and interest of a loan that the Defendant Company received from the Bank (the term of guarantee thereafter was extended by April 17, 2014).

(i)a credit guarantee agreement under the Credit Guarantee Agreement (hereinafter referred to as the “Agreement”);

(2) On December 1, 2011, Defendant B entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant Company on November 30, 2012, where the guaranteed amount was extended by November 28, 2012 (the expiration date of the guarantee was extended by November 28, 2014) to guarantee the payment of the principal and interest of a loan that Defendant Company owes to Plaintiff pursuant to the Agreement. (2) In order to guarantee the payment of the principal and interest of a loan that Defendant Company obtained from an enterprise bank, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Defendant Company, including the “Agreement 1” and “Agreement 2.”

Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the second agreement.

B. On February 19, 2014, in relation to the first agreement, the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc., a credit guarantee accident occurred due to delinquency of interest on loans on February 19, 2014, and in relation to the second agreement, a credit guarantee accident due to loss of interest on April 2, 2014 occurred. 2) Accordingly, in relation to the first agreement on June 30, 2014, the Plaintiff subrogated to a Korean bank for KRW 46,121,720 of the principal and interest obligation of the Defendant company to the Defendant company. In relation to the second agreement on April 30, 2014, the Plaintiff subrogated the corporate bank for KRW 258,169,523.

As above, the Plaintiff collected KRW 304,291,243 in total (i.e., KRW 46,121,720 in subrogation related to the First Agreement plus KRW 258,169,523 in subrogation related to the Second Agreement) and partly appropriated for repayment.

3..

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