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(영문) 서울중앙지방법원 2015.10.27 2014가단5194106
구상금
Text

1. Defendant A, Defendant B, Defendant C, and Defendant D jointly and severally with the Plaintiff KRW 1,111,408,418, and their amount.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement on September 6, 2010, and Defendant B and Defendant C Co., Ltd (hereinafter “Defendant C”) (hereinafter “Defendant C”).

(2) Under the joint and several guarantee of Defendant D, Defendant A Co., Ltd. (hereinafter “Defendant A”).

(A) The credit guarantee agreement of September 6, 2010 (hereinafter “the first credit guarantee agreement of this case”) was entered into with the following terms and conditions, and Defendant A received loans from the bank under each of the above credit guarantee agreements:

(B) Lending the guaranteed principal amount of KRW 1,080,00,000, and the term of guarantee on September 5, 2018; and (b) lending from the Industrial Bank of Korea of KRW 1,200,000 on September 17, 2010; and (c) the credit guarantee agreement dated April 19, 201 (hereinafter “instant secondary credit guarantee agreement”).

(C) The credit guarantee agreement dated March 27, 2012 (hereinafter “the third credit guarantee agreement of this case”) provides for a loan of KRW 810,000,000 from the Bank on March 15, 201, and KRW 900,00,000 from the Industrial Bank of Korea on April 21, 2011.

(2) At the time of each credit guarantee agreement of this case, the Defendant A agreed to pay to the Plaintiff the amount subrogated to the Plaintiff and the amount of damages for delay calculated by the rate determined by the Plaintiff from the date of payment on the part of the Plaintiff to the date of payment on the part of the Plaintiff and the date of payment on the part of the Plaintiff. The rate of damages for delay determined by the Plaintiff is 12% per annum until the date of conclusion of each credit guarantee agreement of this case.

B. On September 30, 2013, Defendant A, who made a credit guarantee accident and subrogated payment, caused a credit guarantee accident where the benefit of each of the above loans is lost due to the failure to pay the above loans on September 30, 2013, and the Plaintiff, pursuant to each of the credit guarantee agreements in the instant case, KRW 1,100,700,304, in total, as the repayment of the guaranteed liability to the Industrial Bank of Korea.

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