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(영문) 서울중앙지방법원 2018.11.30 2017가단5241560
구상금 등 청구의 소
Text

1. Within the scope of the property inherited from the network E, to the Plaintiff:

A. Defendant A: 71,426,280 won and 36,930.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with F Co., Ltd. (hereinafter “F”) and issued a letter of credit guarantee with the following contents.

1) The first guarantee date: The guarantee date: April 19, 2013; the guarantee period of KRW 90,000,000 (the change to KRW 76,50,000): the loan period: April 18, 2014 (the change to April 15, 2016): The guarantee date of 2) the second guarantee date of a foreign exchange bank (the first bank and the second merger with the first bank): the guarantee period of KRW 85,00,000: the guarantee period of KRW 85,000: March 24, 2015 (the change to March 23, 2016): A bank extending loans in general from a company: The bank distributing bank.

B. The Plaintiff provided the above credit guarantee for the non-party company. In the event the non-party company loses its interest due to the repayment delay for the loan granted by the Plaintiff in the Plaintiff’s credit guarantee form and the Plaintiff performs the guaranteed obligation on behalf of the non-party company, the non-party company agreed to pay the Plaintiff the amount of subrogation and the amount of delay damages in accordance with the interest rate determined by the Plaintiff from the date of repayment to the date of repayment, and the rate of delay damages determined by the Plaintiff is 10% per annum from February 1, 2016.

C. E jointly and severally guaranteed all obligations owed to the Plaintiff by the non-party company regarding each of the above credit guarantee agreements.

The non-party company submitted the above credit guarantee statement to Han Bank and borrowed KRW 100 million each, but lost the benefit of each of the above loans to each of the natural enterprises on January 21, 2016 and January 28, 2016, and on behalf of the non-party company, the plaintiff paid to Han Bank KRW 86,170,369 on May 19, 2016, and KRW 77,710,373 on May 31, 2016.

E. Meanwhile, the plaintiff and the non-party company agreed that the non-party company shall pay to the plaintiff expenses incurred in the execution, preservation, exercise, and legal procedure of the credit guarantee agreement. The plaintiff's substitute payment is made.

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