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(영문) 서울중앙지방법원 2017.04.12 2016가단5135262
구상금 등 청구의 소
Text

1.(a)

C and Defendant A, the land specified in attached Table 1, Sept. 11, 2015.

Reasons

1. Facts of recognition;

A. A. Around December 19, 2008, when C obtains a loan of KRW 50,000,000 from NFFC, the Plaintiff entered into a credit guarantee agreement with the guarantee period from December 19, 2008 to December 18, 2009, with the amount of security deposit of KRW 50,000 (the said agreement changed several terms and conditions to December 2, 2015, the guarantee period of KRW 47,50,000 was changed to KRW 47,00). On September 9, 2011, C obtained a loan of KRW 100,000,000 from a corporate bank, from September 19, 201 to December 18, 2009, the guarantee period of security deposit was changed to KRW 50,000,000,000,000,000 as the credit guarantee amount was extended.

(The above arrangement was finally changed on August 26, 2015 by several times and finally changed the guarantee period into September 2, 2016).

In the above credit guarantee agreement, C lost the benefit of time, such as delay in repayment of the loan granted under the Plaintiff’s credit guarantee, and upon the Plaintiff’s performance of the guaranteed obligation in subrogation of C, C decided to pay the Plaintiff the amount of subrogation and the damages for delay determined by the Plaintiff from the date of performance to the date of full payment. The rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016.

C. On January 26, 2016, C lost the interest on each of the above loans due to the closure of business, etc., and the Plaintiff paid 90,794,727 won to a corporate bank on March 23, 2016 in subrogation of the Defendant C in accordance with the aforementioned credit guarantee agreement (the principal amount is KRW 90,00,000), and 47,909,148 won to NFC on April 4, 2016 (the principal amount is KRW 47,50,000).

Upon filing the instant lawsuit, the Plaintiff also 137,461,965 won, 340 won in total, 138,176,012 won in total, and 90,071,277 won in total, 713,707 won in subrogation against NFFC and a corporate bank.

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