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(영문) 서울중앙지방법원 2017.11.24 2016가합517538
구상금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 383,630,426 and KRW 202,127,463 among them, Defendant B shall be from March 9, 2016 to May 24, 2016.

Reasons

1. Basic facts

A. 1) On August 22, 2014, the Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) and the period of the credit guarantee agreement was changed from August 22, 2014 to August 21, 2015 (the guarantee period was changed from August 22, 2014 to August 19, 2016).

(2) Upon entering into a credit guarantee agreement with Defendant A (hereinafter “instant agreement”), when the Plaintiff subrogated for the obligation of Defendant A due to an occurrence of a guarantee accident, Defendant A agreed to pay the Plaintiff the amount of subrogation and the delayed payment calculated at the rate determined by the Plaintiff from the date of subrogation, penalty, and expenses incurred in preserving the claim for reimbursement. In this case, Defendant B, the representative director of Defendant A, under the instant agreement, jointly and severally guaranteed the liability for reimbursement to the Plaintiff. Meanwhile, on March 14, 2014, prior to the conclusion of the instant agreement, the Plaintiff entered into a credit guarantee agreement with Defendant B, with the principal of the credit guarantee amount of KRW 180 million, and the credit guarantee period from March 14, 2014 to March 13, 2015 (hereinafter “instant agreement”) (hereinafter “instant agreement”).

3) Based on a credit guarantee letter issued pursuant to each of the instant agreements, Defendant A was provided with KRW 220 million at the port of call in the new bank, and KRW 200 million at the point in the insular south of our bank. (b) Defendant A notified the Plaintiff of the occurrence of a credit guarantee accident on October 6, 2015 by the new bank that caused a credit guarantee accident due to this natural body, etc. on October 23, 2015. On November 4, 2015, Korea Bank notified the Plaintiff of the occurrence of a credit guarantee accident in relation to Defendant B on the ground that the “insurgment caused by an affiliated company” was “insurgent.”

2) Accordingly, on December 9, 2015, the Plaintiff (i.e., KRW 181,526,745 to our bank pursuant to the instant agreement, pursuant to the instant agreement.

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