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(영문) 서울중앙지방법원 2017.09.27 2016가합518487
구상금
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff as to KRW 1,138,076,446 and KRW 1,125,682,235 among them.

Reasons

1. Basic facts

A. Each credit guarantee agreement of this case 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”)

)a loan of funds necessary for corporate management (hereinafter referred to as “each of the loans in this case”) between the Company Bank and the Bank;

(i)each credit guarantee agreement (hereinafter referred to as the "each credit guarantee agreement of this case") shall be made with respect to a loan obligation to be assumed upon receipt as listed in the following table:

A) A credit guarantee was concluded and accordingly issued a written credit guarantee. Serial Nos. 2,250,000,000 of the amount guaranteed by the date of the guarantee (cost) and the amount of the loan extended by the original guarantee (cost) on Mar. 25, 2013, 200 on Mar. 24, 201, 201, the first credit guarantee agreement No. 120,120,000,000 on Nov. 15, 2013, 200 on Nov. 14, 2014; Article 6 (Prior Claim) of the Second Credit Guarantee Agreement (Amendment) of 13, 200,000 on Nov. 13, 2015; and

4. Article 10 (Scope of Redemption) (1) When a new guarantor fulfills a guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:

However, the joint and several guarantors under Article 2 (1) of the Special Act on the Protection of Guarantors shall be reimbursed within the maximum amount of the guaranteed debt separately stated.

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses for discharge of guarantee obligation; and

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

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. The amount paid as prescribed in subparagraphs 3 and 4 shall be considered respectively.

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