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(영문) 서울고등법원 2016.01.26 2013나2029194
임대차보증금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on December 5, 2008 (hereinafter “C”)

B) Between the Plaintiff and the Plaintiff’s credit guarantee agreement between December 5, 2008 and December 4, 2009 (hereinafter “instant credit guarantee agreement”) providing a guarantee within the guarantee period of KRW 190,000,000 within the limit of KRW 1,90,000,000 (hereinafter “instant guarantee agreement”).

(2) On the same day, C concluded a credit guarantee agreement and issued a credit guarantee agreement up to December 4, 2009, the guaranteed amount of KRW 190 million, and the guaranteed period of December 4, 2009. According to the said credit guarantee agreement, C shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated at the rate determined by the Plaintiff (15% per annum) from the date of the performance of the guaranteed obligation to the date of repayment of the guaranteed obligation. C’s representative director D and auditor jointly and severally guaranteed the Plaintiff’s liability, such as indemnity, according to the said credit guarantee agreement at the time of the conclusion of the instant credit guarantee agreement. (2) The instant credit guarantee agreement extended the guarantee period until December 3, 2010, the guarantee period of December 31, 2010 was reduced to KRW 1850,000,0000,0000,0000,0000,01.

B. On August 1, 2011, the Plaintiff’s acquisition of claims, such as indemnity amount, lost the benefit of time due to delinquency in the payment of loans to an enterprise bank. A corporate bank notified the Plaintiff of the occurrence of a credit guarantee accident. Accordingly, on September 23, 2011 pursuant to the credit guarantee agreement of this case, the Plaintiff repaid the amount of KRW 184,60,500,000, interest amount of KRW 4,103,036 to the enterprise bank by subrogationing C on September 23, 2011, totaling KRW 184,60,603,036, and paid the amount of KRW 241,882, 706,170 as the amount of subrogated payment, and paid KRW 3,254,650 among the amount of subrogated payment amount of KRW 184,60,03,036.

(c) final and conclusive judgments in relevant lawsuits;

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