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(영문) 서울중앙지방법원 2015.07.24 2014가합501317
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 868,210,506 and KRW 868,209,601 among them.

Reasons

Basic Facts

On March 29, 2012 ( March 28, 2014), the first guarantee (amount of loan) of the guaranteed term (payment) of the loan (payment due date) of the lending date of the lending bank (payment due date) was concluded on March 29, 201, the second guarantee of small and medium enterprise financing (30,000,000 won) and the second guarantee of the loans (30,000,000 won) was issued by each of the above credit guarantee companies (the Bank’s credit guarantee agreement) on April 3, 201, and the second guarantee of the loans (30,000,000 won) was issued by each of the above companies on April 3, 2014 (the date on which April 3, 2014), and the Plaintiff was issued by each of the above companies (the Bank’s credit guarantee agreement on March 20, 2000,000 won and the second guarantee of the loans (the above credit guarantee agreement).

According to each credit guarantee agreement, when the plaintiff performs the guaranteed obligation under the credit guarantee agreement, the principal debtor and the joint guarantor agreed to reimburse the plaintiff ① the amount of subrogation paid by the plaintiff for the performance of the guaranteed obligation, the amount of damages for delay calculated by the plaintiff's fixed rate for the performance of the guaranteed obligation, ② the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the exercise of the right to preserve and transfer the guaranteed obligation, and damages for delay calculated by the plaintiff's fixed rate for delay from the date of repayment to the date of repayment. ③ The unpaid guarantee fee, overdue guarantee fee, and additional guarantee fee are 12% per annum from December 1, 2012 to the date of repayment. The defendant Eul guaranteed all obligations under each credit guarantee agreement of this case against the plaintiff

On October 25, 2013, the defendant company by subrogation of the plaintiff is liable for each of the above loans due to natural enterprises.

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