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(영문) 서울중앙지방법원 2016.05.20 2015가합532288
구상금 등 청구의 소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 1,004,958,328 and KRW 1,000,389,428 among them.

Reasons

Basic Facts

On March 29, 2012, the date of the instant credit guarantee agreement Nos. 312,50,500,000, a joint and several surety (original guarantee) of the guaranteed principal, which was the date of the instant credit guarantee agreement, was entered into with Defendant B, and C, on March 29, 2013 (amended by the terms and conditions as of March 27, 2015) the performance of the said credit guarantee agreement with Defendant B, and on March 29, 2012, the term and conditions were extended to 100,000,000,000, as of March 29, 2013 (amended by the terms and conditions as of March 27, 2015), and the Plaintiff had each of the above credit guarantee agreements with Defendant C, as of 100,000,000,003, 637,500,0000, 100,508, 2015.

According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation of Defendant A, Defendant A, B, and C shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages calculated by multiplying the Plaintiff by the Plaintiff’s rate (12% per annum from December 1, 2012 to the date of repayment of the guaranteed obligation), expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired from the performance of the guaranteed obligation, penalty, additional guarantee fee (the amount calculated by multiplying the guaranteed obligation incurred from the failure of the principal obligation by the rate of 5/100 per annum as determined by

The Plaintiff’s loan and the Plaintiff’s subrogation issued each credit guarantee certificate to Defendant A with the same content as the respective credit guarantee agreements of this case, and the Defendant A provided each of the above credit guarantee certificates as security, and the said certificate was from the Industrial Bank of Korea.

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