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(영문) 서울고등법원 2014.11.04 2014나2007719
구상금 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Article 2 of the Judgment of the court of first instance

Reasons

1. Facts of recognition;

A. On April 6, 2009, the Plaintiff entered into a credit guarantee agreement with A, which is a credit company, with the term of KRW 250 million in principal of the guaranteed principal, and the term of guarantee on April 6, 2010 (the subsequent change to April 5, 2013). A was granted a loan of KRW 250 million from the Bank of Korea on April 7, 2009 as security (hereinafter “first guarantee”).

(2) On August 5, 2011, the Plaintiff concluded a credit guarantee agreement with A and the guaranteed principal of KRW 37.6 million, and the guarantee term until August 3, 2012 (the change to August 2, 2013). A obtained a loan of KRW 47 million from a new bank on its security on August 5, 2011.

(3) According to the above credit guarantee agreement, upon the Plaintiff’s performance of the guaranteed obligation, A paid KRW 14% per annum for the period from April 17, 2003 to November 30, 2012 (14% per annum for three months after the performance of the guaranteed obligation, 16% per annum for three months after the performance of the guaranteed obligation, and 12% per annum for 20% after December 1, 2012), and the expenses paid by the Plaintiff to execute or compensate for the amount of indemnity claim. (2) From February 14, 2013 to 20, the Plaintiff claimed KRW 10 to 30% per annum for the repayment of the principal and interest of the real estate (1.5% per annum for the Plaintiff’s subrogation, etc.) to A bank from March 11, 2013 to 30, 205, and 30% per annum for five months after the performance of the guaranteed obligation.

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