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(영문) 서울중앙지방법원 2016.01.15 2013가합561367
구상금
Text

1. Defendant A, B, and C jointly and severally against the Plaintiff KRW 698,685,770 and KRW 693,359,05 among them.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement was concluded between Defendant Company, B, and C (A) and the Defendant Company with each credit guarantee agreement that guarantees the repayment of the principal and interest of the Defendant Company as set out below (i.e., each credit guarantee agreement was changed to the term of guarantee, the principal and interest of guarantee; hereinafter “each of the credit guarantee agreements in this case”); and the Defendant Company received each of the following loans from Korea Bank (hereinafter “Korea Bank”), respectively, by obtaining a credit guarantee agreement under each of the above credit guarantee agreements.

On November 6, 2008, the first date of November 1, 2013, changed on November 6, 2013, 201; 476,000,000,000 70,0000,000 10120808,22008 22, 240,01, the first date of February 24, 2010 changed on February 28, 2011, changed on June 28, 2013; 206,40,000,000,0000,000,000,000,000,000,000,000, Defendant C performed joint and several debt guarantee agreements for each of the Plaintiff under the respective credit guarantee agreements.

B) According to each credit guarantee agreement in the instant case, when the Plaintiff performed a credit guarantee obligation, the Defendant Company, ① the amount of the Plaintiff’s subrogation (amount of the performance of the guaranteed obligation) and the damages for delay in accordance with the Plaintiff’s payment rate (12% per annum as of July 10, 2013), ② the expenses incurred in the performance of the guaranteed obligation, ③ the expenses incurred by the Plaintiff in the performance of the guaranteed obligation, ③ the expenses incurred in the preservation, performance, or exercise of the right acquired by the Plaintiff in the course of the performance of the guaranteed obligation, shall be paid to the Plaintiff. 2) The Defendant Company, on March 27, 2013, lost the benefit of each of the above loans due to delay in payment of interest, and on June 27, 2013, our Bank lost the Plaintiff’s benefit of the term of each of the above loans.

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