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(영문) 서울중앙지방법원 2016.07.22 2015가합568805
구상금 등
Text

1. Defendant Incorporated Co., Ltd., Ltd. and B, jointly and severally, KRW 427,412,128 and KRW 427,41,301 among the Plaintiff.

Reasons

Basic Facts

On March 25, 2015, the Plaintiff, on March 24, 2016, as KRW 425,000,000, KRW 500,000,00 of the guaranteed amount guaranteed by the date credit guarantee agreement was concluded, entered into a credit guarantee agreement (hereinafter “the credit guarantee agreement in this case”) with Defendant Incorporated Incorporated Company A (hereinafter “Defendant A”) on March 25, 2015, in order to guarantee the payment of the principal and interest of the loan, the Defendant A received a loan from the National Bank Co., Ltd. (hereinafter “National Bank”), and issued a written credit guarantee agreement (hereinafter “the credit guarantee agreement in this case”) to the National Bank on the same day.

Defendant A borrowed KRW 500 million from a national bank as security on March 25, 2015.

(hereinafter “the instant loan”). According to the credit guarantee agreement, when the Plaintiff fulfills the guaranteed obligation under the credit guarantee agreement, the principal debtor and the joint guarantor agreed to repay to the Plaintiff ① the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and the damages for delay calculated by the Plaintiff’s fixed rate from the date of performance to the date of repayment, ② the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the exercise of the right acquired by the performance of the guaranteed obligation, and the expenses incurred in the preservation and transfer of the right acquired by the performance of the guaranteed obligation, ③ the unpaid guarantee fee, delay

The rate of damages for delay determined by the Plaintiff is 12% per annum.

Defendant B jointly and severally guaranteed all obligations under the credit guarantee agreement of this case against the Plaintiff by Defendant A.

On June 12, 2015, Defendant A, by subrogation of the Plaintiff, lost the benefit of the time limit for loans to national banks due to natural disasters, thereby causing an accident of guarantee. Based on the credit guarantee agreement of this case, the Plaintiff repaid KRW 429,929,184 to the National Bank on September 25, 2015.

On September 25, 2015, the Plaintiff recovered KRW 2,517,883 from the Defendant A to pay the amount by subrogation.

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