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(영문) 서울중앙지방법원 2019.02.19 2018가단5109373
구상금 등 청구의 소
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 198,269,733 and KRW 197,843,420 among them.

Reasons

1. Basic facts

A. On April 25, 2014, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are jointly and severally guaranteed by each of Defendant B (hereinafter “Defendant Co., Ltd”).

B) As to the loan obligations owed by the Defendant Company to Nonparty Industrial Bank of Korea (hereinafter “Nonindicted Bank”), the credit guarantee agreement to guarantee the loan obligations (hereinafter “Credit guarantee agreement”) with the creditor’s bank, the credit guarantee principal of Nonparty Bank 153,00,000, and the credit guarantee period from April 25, 2014 to April 24, 2015 (hereinafter “Credit Guarantee Agreement”).

(2) A credit guarantee agreement to guarantee the payment of the principal of the credit guarantee to the creditor bank, the credit guarantee principal of the non-party bank, the credit guarantee period of KRW 68,00,000, and the credit guarantee period of April 25, 2014 to April 24, 2015 (hereinafter referred to as “credit guarantee agreement for Article 2”).

(2) According to the credit guarantee agreement of this case, even before the Plaintiff pays the deposit, Defendant Company violated the obligation to discharge the principal obligation against the non-party bank which is subject to the guarantee of each credit guarantee agreement of this case, or registered reasons such as overdue payment, subrogation, substitute payment, default, and information disturbing financial order as stipulated in the "Credit Information Management Rules" of the D Federation, the indemnity obligor shall bear the obligation to compensate in advance, and when the Plaintiff discharges the guaranteed obligation, the indemnity obligor shall compensate for the amount of the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the preservation and exercise of the guaranteed obligation, and the legal procedural expenses for this purpose at the rate of interest determined by the Plaintiff from the date of the payment to the date of the repayment. The agreed interest rate of the agreed delay damages determined by the Plaintiff shall be ten

B. In the occurrence of a guarantee accident and the payment of a deposit, the Defendant Company failed to pay interest on the loan obligations for small and medium enterprises to the non-party bank, the guarantee creditor of the instant credit guarantee contract, from February 7, 2018. On March 2018, the Plaintiff filed a claim for the credit guarantee amount with the notification of a credit guarantee accident with the Plaintiff around March 2018.

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