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(영문) 수원지방법원 2016.05.11 2015가단139703
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 73,280,487 and KRW 73,280,47 among the Defendants, from August 24, 2015 to December 24, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. on September 9, 2013, issued a letter of credit guarantee with the amount of KRW 50,00,000 of the guaranteed principal, KRW 50,000 of the guaranteed principal, September 10, 2014 of the term of guarantee, and KRW 100 of the guarantee rate (which shall be changed to September 10, 2015 of the guaranteed principal principal, KRW 45,00,000 of the guaranteed principal, and KRW 50,000,000 of the guaranteed principal and interest to be paid by the Industrial Bank of Korea) within the scope of the said credit guarantee. On September 12, 2013, the Plaintiff provided a guarantee within the said scope of the credit guarantee.

(hereinafter referred to as "first guarantee").

In addition, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. on September 9, 2013, issued a letter of credit guarantee with the amount of KRW 30,00,000 of the guaranteed principal, KRW 30,000 of the guaranteed principal, September 10, 2014 of the guaranteed term, and KRW 100 of the guaranteed rate (which shall be changed to September 10, 2015 of the guaranteed principal amount, KRW 27,00,000 of the guaranteed principal, and KRW 30,000,000 of the guaranteed term) within the scope of the said credit guarantee. On September 12, 2013, the Plaintiff guaranteed the principal and interest repayment obligation upon receiving a loan of KRW 30,00,000 from the Industrial Bank of Korea.

(hereinafter referred to as "second guarantee").

According to each credit guarantee agreement between the Plaintiff and Defendant A, where the Plaintiff performed the above guaranteed obligation, the above Defendant: ① paid by the Plaintiff for the performance of the guaranteed obligation, and the amount of subrogation paid by the Plaintiff for the performance of the obligation, and damages for delay calculated by the rate of damages prescribed by the Plaintiff (12% per annum after December 1, 2012) from the date following the payment date of the guaranteed obligation to the date of full payment of the amount of the guaranteed obligation; ② Additional guarantee fees calculated by adding the rate of 5/100 per annum from the day following the payment date of the guaranteed obligation to the day before the expiration date of the guaranteed obligation; ③ Additional guarantee fees calculated by the Plaintiff’s performance of the guaranteed obligation to pay all incidental obligations, such as legal procedure expenses

E. Defendant B jointly and severally guaranteed all indemnity obligations against the Plaintiff of Defendant A corporation according to the aforementioned credit guarantee agreement.

(f).

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