logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.03.22 2015가단5035983
구상금 등 청구의 소
Text

1. Defendant A, Defendant B, Defendant C, and Defendant D jointly and severally with the Plaintiff KRW 89,549,986 and 86,204 among them.

Reasons

1. Basic facts

A. On June 18, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and issued a credit guarantee certificate (the rate of 85,000,000 won with the guaranteed principal and interest as of October 4, 2013) with the Defendant Co., Ltd. (hereinafter “instant credit guarantee agreement”), and the Defendant Co., Ltd received a loan of KRW 100,000,000 from the Industrial Bank of Korea on June 18, 2013 (hereinafter “instant loan”), and guaranteed the Defendant Co., Ltd.’s obligation to repay the said loan and interest within the scope of the said credit guarantee.

B. According to the credit guarantee agreement of this case, when the Plaintiff performed the above guaranteed obligation, the Defendant Company pays to the Plaintiff ① the amount of subrogated payment made by the Plaintiff for the performance of the guaranteed obligation, and the amount of late payment from the date of payment for the performance of the obligation to the Plaintiff to the date of full payment for the amount of the obligation, the amount of late payment by the Plaintiff’s prescribed loss rate (17% per annum until December 1, 2010, and 14% per annum after December 2, 2010), ② the additional guarantee fee with the rate calculated by adding the rate of 5/100 per annum from the day following the date of payment for the guaranteed obligation to the day before the date of termination of the guaranteed obligation, ③ the legal procedure expenses (provisional payment) paid by the Plaintiff in order to enforce or preserve the right by the performance of the guaranteed obligation. The Defendant Company is subject to a disposition of seizure, provisional seizure, or suspension of business, disposition of default in taxation, or disposition of default in transactions with the principal and the guaranteed obligation, or it is deemed necessary for the Plaintiff’s reimbursement.

C. Defendant B, Defendant C, and Defendant D are against the Plaintiff of the Defendant Company under the instant credit guarantee agreement.

arrow