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(영문) 서울중앙지방법원 2015.12.18 2014가합563001
구상금
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 504,242,33 and KRW 173,730,638 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(a)each credit guarantee agreement concerning the obligation to pay the principal and interest of loan to be borne by a bank as follows (hereinafter referred to as "credit guarantee agreement of this case"):

The Defendant Company concluded a credit guarantee agreement and issued each credit guarantee form to the Defendant Company, and the Defendant Company received loans from each bank pursuant to the above credit guarantee agreement. Defendant B and C jointly guaranteed all obligations owed by the Defendant Company to the Plaintiff pursuant to each of the above credit guarantee agreements. On May 25, 2010, FSC Bank No. 200,000,000, GIB Bank No. 300,000,000 on March 28, 2012, when the credit guarantee agreement in this case deemed objectively necessary to preserve claims since the credit standing of the Defendant Company significantly aggravated, the Defendant Company provided that the Defendant Company bears an obligation to repay in advance to the amount guaranteed by the Plaintiff even without notice and peremptory notice from the Plaintiff.

(Article VIII(1)13). (b)

The Plaintiff’s subrogation, etc. (1) The Defendant Company caused an accident of credit guarantee on the ground of this natural body as follows. Accordingly, the Plaintiff subrogated the Defendant Company’s loan in accordance with the notice of occurrence of the credit guarantee accident by each bank, and collected KRW 3,011,260 on June 13, 2014, which is the date of subrogation for Han Bank and Industrial Bank of Korea, and appropriated the amount of indemnity claim pursuant to the above subrogation. The amount of finalized damages incurred for one day from the date of subrogation to the date of recovery is KRW 989,00,000 on March 27, 2014, the date of subrogation for the date of occurrence of the credit guarantee accident by the lending Bank (the principal interest on the principal interest on the principal) (the Industrial Bank of Korea on March 17, 200,752,730,730,730,6381 Bank of Korea on March 28, 2014, 2014.

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