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(영문) 서울중앙지방법원 2016.07.14 2015가합544694
구상금 및 사해행위 취소의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 776,558,539 and KRW 776,295,925 among them.

Reasons

1. Facts of recognition;

A. On April 7, 2011, Defendant A Co., Ltd. (hereinafter “Defendant Company”), including the conclusion of a credit guarantee agreement, concluded a credit guarantee agreement with the Plaintiff, which includes the following, and Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the said credit guarantee agreement.

Article 5 (Payment of Guarantee Fees, etc.) (3) If a principal (Defendant Company) fails to discharge his/her principal obligation within the period of discharge of the principal obligation, he/she shall pay the penalty calculated by multiplying the amount of guaranteed obligation which has not been performed by the rate of 0.5%, which shall be added to the rate of guarantee fee.

Article 12 (Scope of Repayment) (1) When a new report has performed a guaranteed obligation, the principal (Defendant Company) and the joint and several sureties (Defendant B) shall immediately refund the amount falling under any of the following subparagraphs:

(b)

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date of performance of the guaranteed obligation to the date of repayment.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the New Report from the payment date of each expense to the repayment date.

7. The term "rate determined by the Plaintiff" in paragraphs (1) and (2) means the rate determined by the new report in consideration of the overdue loan interest rate of financial institutions within the extent prescribed by Acts and subordinate statutes, and if the rate and calculation method are modified, it shall be followed from the date of modification.

[The interest rate determined by the New Report (Plaintiff) pursuant to Article 12(3) as of June 23, 2015 is 12% per annum.] Defendant Company was issued a credit guarantee certificate from the Plaintiff pursuant to the said credit guarantee agreement and received a loan from the said bank as stated below:

provided, however, that the time limit of guarantee shall be.

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