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(영문) 수원지방법원 2018.04.05 2017가단519815
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 185,523,514 and KRW 183,68,864 among the Defendants, from March 27, 2017 to October 2017.

Reasons

1. Facts of recognition;

A. On December 4, 2012, the Plaintiff entered into two credit guarantee agreements with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the debt to be borne by Defendant Co., Ltd. upon receiving a loan from a new bank, and issued a credit guarantee agreement accordingly to the new bank.

Defendant B jointly and severally guaranteed all obligations owed to the Plaintiff by the Defendant Company according to each of the above credit guarantee agreements.

Type 1: Guarantee number : C, the principal of the guaranteed principal 90 million won, and December 4, 2013 [the last extension by one year thereafter and then by December 4, 2016] 2: Guarantee number : D, the principal of the guaranteed principal 90 million won, and the term of guarantee : December 4, 2013 [the extension by one year thereafter, and the last extension by December 4, 2016];

B. On December 4, 2012, Defendant Company was loaned 100 million won each of the above guarantees from the new bank as security.

C. The Defendant Company caused a credit guarantee accident on December 3, 2016, and caused the obligee’s performance of the guaranteed obligation by paying for the new bank totaling KRW 183,68,864 ( KRW 91,844,432, KRW 91,844,432, KRW 91,844,432) on March 27, 2017.

The defendants paid the additional guarantee fee according to the rate determined by the creditor based on the governing law age, etc.

(A) Article 10(1)5 of the Guarantee Agreement. Additional guarantee fee means the amount of money that has not been paid out of the principal obligation guaranteed by the creditor, calculated by the rate prescribed in the Business Manual of the creditor from the following day after the date of receipt of the guarantee fee which has already been paid to the unpaid amount to the day before the date of subrogation, and additional guarantee fee is KRW 1,096,270

E. The Defendants paid expenses to the Plaintiff for the purpose of preserving the rights acquired by the Plaintiff as a result of the performance of the guaranteed obligation (Article 10(1)4 of the Guarantee Agreement), and the expenses paid by the Plaintiff for the purpose of preserving the claims are KRW 738,380.

F. The Defendants have fulfilled the guaranteed obligation when the Plaintiff fulfilled the obligation.

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