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(영문) 서울중앙지방법원 2018.06.01 2017가합533629
구상금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., and B, from December 29, 2016, as to KRW 701,353,364 and KRW 446,420,96 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).

(1) In addition, Defendant A’s pecuniary liabilities to be borne by the Industrial Bank of Korea upon obtaining a loan from the Industrial Bank of Korea; and (2) in the Eastern Partnership Co., Ltd. (hereinafter “ Eastern Partnership”).

A) As to the obligation to pay for the goods supplied by the goods, a credit guarantee agreement was concluded as indicated below with respect to the obligation to pay for the goods (hereinafter referred to as “first and third guarantees” according to the sequence below, and all of them together are “each of the instant guarantees”.

() Under each guarantee agreement of this case, Defendant A issued a credit guarantee certificate to Defendant A. The Industrial Bank of Korea of July 27, 2012 (amended by June 16, 2017) from July 27, 2012 to July 26, 2013, the Industrial Bank of Korea of July 180, 200,000 to June 14, 2016, the Industrial Bank of Korea of June 14, 2016 to June 14, 2016, from the Industrial Bank of Korea of June 14, 2016 to June 3, 2016, the Industrial Bank of Korea of June 13, 2016 to June 14, 2016 to the Plaintiff as the joint and several debt guarantee agreement of Defendant B during the respective debt guarantee period of the Plaintiff.

3) According to each of the instant guarantee agreements, upon the Plaintiff’s performance of the guaranteed obligation, Defendant A paid to the Plaintiff ① the amount of subrogation paid by the Plaintiff for the performance of the obligation, the amount of damages incurred by the Plaintiff’s delay from the payment date to the date of full payment, ② the legal procedure expenses incurred by the Plaintiff in order to enforce or preserve the right acquired through the performance of the guaranteed obligation. The Plaintiff’s interest rate for delay is 10% per annum from the date of performance. (b) The first credit guarantee (original loan) loan in the credit guarantee form provided by the sequence No. 1 for the repayment date of the loan is 30,000,000,000 on July 26, 2013 (amended by June 16, 2017) and the second guarantee of small and medium enterprise loan No. 200,000,000,000 on June 17, 2016, Defendant A2013).

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