(영문) 서울중앙지방법원 2015.11.11 2015가합530312

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(영문) 서울중앙지방법원 2015.11.11 2015가합530312

구상금 등 청구의 소

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1. The Plaintiff:

A. As to Defendant A and B’s joint and several liability amounting to KRW 525,362,729 and KRW 523,434,283.

Reasons

1. Basic facts

A. On March 15, 201, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the credit guarantee principal (hereinafter “instant agreement”) with the period from March 15, 201 to March 14, 201, which is 270,000,000 won in the credit guarantee principal, and the period from March 15, 201 to March 14, 2014. On the same day, pursuant to the instant agreement, the Defendant Company received a loan from the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) pursuant to the instant agreement, and on March 14, 2014, the guarantee period was 261,00,000 won in the credit guarantee principal, and the guarantee period was 261,00,000,000 won in the credit guarantee amount was ever changed to March 13, 2015.

On the other hand, Defendant B and C guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the instant First Agreement.

B. In addition, on April 15, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with the Defendant Company, which is between April 15, 2013 and April 14, 2014, including the credit guarantee principal of KRW 270,00,000,000, and the credit guarantee period from April 15, 2013 to April 14, 2014. On the same day, pursuant to the instant agreement, the Defendant Company received a loan from the Industrial Bank of Korea (hereinafter “Industrial Bank”) in accordance with the instant agreement, as well as KRW 270,00,000,00 (the loan amount of KRW 30,00,000,000, and the guarantee period of KRW 261,00,000,000, respectively, and the credit guarantee period of KRW 300,000,00,000 as collateral.

On the other hand, Defendant B guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the instant agreement.

C. According to the agreement of the first and second of this case, when the plaintiff performed the guaranteed obligation, the debtor himself and the joint guarantor shall pay damages according to the amount of performance of the guaranteed obligation and the rate determined by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment

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