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Reasons
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(영문) 서울중앙지방법원 2017.07.12 2016가합569911
구상금
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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 260,244,693 and KRW 260,244,158, as to the Plaintiff.

Reasons

1. Basic facts

A. A. The credit guarantee agreement with the Defendant Credit Guarantee Fund 1) Defendant A and the Defendant Credit Guarantee Fund are the National Bank Co., Ltd. (hereinafter “National Bank”) on May 31, 2012.

(3) In order to obtain a loan from 330,00,000 won, a credit guarantee agreement was entered into on May 30, 2013 with the guaranteed principal of KRW 297,00,000 (the guaranteed principal of KRW 90,000) and the guarantee period of KRW 330,000,000 (the guarantee period of KRW 90,000) as of May 29, 2015, following the extension of the guarantee period of KRW 218,70,000 and the guarantee period of KRW 27, 2016 (hereinafter “instant first guarantee agreement”).

2) Defendant B jointly and severally guaranteed the obligation under the First Guarantee Agreement.

3) Defendant A was granted a loan of KRW 330,00,000 from a national bank on June 5, 2012 as security a credit guarantee certificate issued by the Defendant Credit Guarantee Fund (hereinafter “instant First Loan Agreement”).

B. (1) Defendant A loaned KRW 300,000,000 from the National Bank on April 17, 2008

(2) On April 17, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A on April 17, 2013 on the basis of the obligations under the instant second loan agreement (hereinafter “instant second loan agreement”) with the term “270,000,000 won of the guaranteed principal (90%) and the term “guarantee period” as of April 17, 2014. The said agreement was modified on April 14, 2016 through the extension of the guarantee period (hereinafter “instant second guarantee agreement”).

The provisions pertaining to the scope of reimbursement under the instant guarantee agreement are as follows.

Article 10 Scope of Repayment (1) When the Insured performs the guaranteed obligation, the principal and the joint guarantor shall pay immediately the amount falling under any of the following subparagraphs:

1. Performance amount of the surety obligation;

2. The rate determined by the deadline for payment from the date of performance to the date of repayment with respect to the amount under subparagraph 1, and the amount calculated according to the calculation method.

3. Expenses incurred in performing guaranteed obligations;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

5. Unpaid matters.

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