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(영문) 서울중앙지방법원 2015.09.11 2014가합578195
구상금 등
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 2,284,181,394 and KRW 2,279,970,884 among them.

Reasons

1. Basic facts

A. On October 26, 2006, the Plaintiff’s final credit guarantee agreement with Defendant 110,500,000 Small and Medium Enterprise Loan 2J on May 17, 2007, supra, on the first date, pursuant to the credit guarantee agreement No. 110,50,000 of the guaranteed principal of the guaranteed principal of the date of credit guarantee (which was the first date on October 24, 2007) and the first date on May 16, 2008 (which was the first date on May 16, 2015; the first date on May 16, 2008; the first date on October 25, 2007; the first date on October 17, 2008; the first date on October 24, 2008; and the first date on May 10, 2015 (which was the first date on October 17, 2014).

(2) According to each credit guarantee agreement of this case, the defendant company and the joint guarantor shall pay to the plaintiff the amount of subrogation, the amount of damages calculated by the rate and calculation method determined by the plaintiff from the date of performance to the date of repayment, the expenses incurred in the execution, preservation, exercise, and legal procedures of the claim, and the damages for delay determined by the plaintiff from the date of payment to the date of full payment (the rate of damages for delay from December 1, 2012 to the date of full payment is 12% per annum) in accordance with the credit guarantee agreement of this case.

(A) Each evidence Nos. 1 through 5-1, A. 8.3) Defendant B, C, and D jointly and severally guaranteed the performance of all the obligations that Defendant Company owes to the Plaintiff under each credit guarantee agreement of this case (Evidence Nos. 1 through 5) (B). (1) Defendant Company lost the benefit of the due date for the principal of the loans indicated below due to the due diligence of August 5, 2014.

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