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(영문) 서울중앙지방법원 2020.07.08 2018가단5147436
구상금등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 100,910,216 and KRW 100,481,886 among them.

Reasons

1. Facts of recognition;

A. On May 25, 2016, the Plaintiff and the Defendant Company B entered into a credit guarantee agreement with the Defendant Company by setting the amount guaranteed from May 25, 2016 to May 24, 2017, with a rate of KRW 99,00,000 per annum, and delay damages as 10% per annum, and thereafter, the termination period of the guarantee period of the said credit guarantee agreement was extended until May 24, 2018. Defendant B, the representative of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff (hereinafter “instant credit guarantee agreement”).

2) According to the instant credit guarantee agreement, in a case where the Plaintiff fulfilled the guaranteed obligation, the Defendant Company, and B shall pay the Plaintiff the amount of the obligation to discharge the guaranteed obligation and the amount of damages calculated by multiplying the Plaintiff by 10% per annum from the date on which the obligation is discharged to the date on which the obligation is repaid, and the costs and expenses incurred in the legal procedures for the enforcement and preservation of the claim. The Defendant Company may claim in advance the amount guaranteed by the Plaintiff without any separate notice or peremptory notice against the Defendant Company and B, when the Defendant Company violated the obligation to discharge the principal obligation, or when the cause for registration of information on public records occurred to the Defendant Company or the Defendant Company’s representative.

3) The Defendant Company concluded a loan agreement with the Industrial Bank of Korea with a credit guarantee certificate issued under the instant credit guarantee agreement and received a loan of KRW 110,00,00,00. On February 21, 2018, the occurrence of a guarantee accident caused by the loss of profit arising from the said loan obligations. On June 26, 2018, the Plaintiff subrogated for KRW 100,481,886 to the Industrial Bank of Korea as prescribed by the said credit guarantee agreement. (4) As of June 26, 2018, the remainder of the Defendant Company and the Plaintiff’s remainder of the debt owed to the Defendant Company and the Plaintiff is KRW 100,910,216 in total (i.e., the principal (= KRW 100,481,886, KRW 138,870, KRW 289,460).

B. Defendant B and Defendant C.

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