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(영문) 창원지방법원 2011.08.25 2010가합4943
구상금등
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 2,717,625,307 and KRW 377,829,042 among them.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit guarantee contract between the Plaintiff and the Defendant A (hereinafter referred to as “A”) in order to secure obligations arising from Defendant A’s loans and commercial transactions, as described in Section (a) of the attached Table of Guarantee and Subrogation List (hereinafter referred to as “Sigh List”) with Defendant A (hereinafter referred to as “A”), and entered into one collateral bill guarantee contract in order to guarantee a bill issued by Defendant A to guarantee the supply of goods and services under the product transaction agreement.

(2) The Defendant C Co., Ltd. (hereinafter “C”) whose representative director is Defendant B and Defendant B, as the representative director, was jointly and severally guaranteed by both the Plaintiff and the Defendant A’s repayment obligations under the above credit guarantee contract.

(3) Defendant A issued or borrowed bills in accordance with the Plaintiff’s guarantee, as shown in the table of sight (b).

B. The Plaintiff’s performance of the guaranteed obligation (1) Defendant A issued bills or received loans as above as security. On December 29, 2009, a credit guarantee accident occurred due to the suspension of current account transactions. The Plaintiff subrogated for KRW 2,740,644,868 as shown in the attached Table (c).

(2) Afterward, the Plaintiff appropriated part of the fee, refund, etc. (a credit guarantee contract specified in attached Tables 3 and 8) for the subrogated principal, and left 2,717,569,288 won as stated in attached Table (d).

(3) On the other hand, in a credit guarantee contract, when the plaintiff performed the guaranteed obligation based on the credit guarantee certificate, Defendant A shall pay the principal and interest on the payment and damages at the interest rate determined by the plaintiff within the scope of 20% per annum. The interest rate determined by the plaintiff is 15% per annum from June 1, 2005 to the date.

(4) The amount of final damages for the partial repayment that Defendant A is liable to pay to the Plaintiff is KRW 56,019 as shown in the attached table of sight (e).

(c).

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