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(영문) 서울중앙지방법원 2015.01.13 2014가단5116311
구상금
Text

1. The Plaintiff:

A. Defendant A and Defendant B jointly and severally share KRW 1,447,671,137 and KRW 269,147,779 among them.

Reasons

1. Determination as to the claim for reimbursement against Defendant A (hereinafter “Defendant Company”), B, and C

A. Fact-finding 1) Upon receiving a credit guarantee request from the Defendant Company, the Plaintiff concluded each credit guarantee agreement as indicated below (hereinafter “each of the instant credit guarantee agreements”) and concluded each of the credit guarantee agreements as stated in the following table (hereinafter “each of the instant agreements”). Each of the credit guarantee agreements is “Agreement 1”, “Agreement 2, 3

2) The Defendant Company received a loan from each creditor bank as security each credit guarantee statement stated in the above table, and the credit guarantee terms and conditions were modified as stated in the above table.

As to all obligations owed by the Defendant Company to the Plaintiff in accordance with each credit guarantee agreement of this case, Defendant C jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff in accordance with Articles 2 and 3.

3) In the event that the Plaintiff performs the guaranteed obligation under each credit guarantee of this case, each primary debtor and joint guarantor agreed to pay jointly and severally to the Plaintiff the amount that the Plaintiff paid to the Plaintiff, delay damages, penalty, expenses incurred in payment, and expenses incurred in executing or preserving the Plaintiff’s rights. The Plaintiff’s interest rate for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to December 1, 2012. 4) When the Defendant Company delayed the performance of its guaranteed obligation, the Bank and the National Bank have lost the benefit of time and notified the Plaintiff of each credit guarantee accident on November 14, 2013, and on November 14, 18, 2013, on behalf of the Defendant Company, the Plaintiff performed the guaranteed obligation by paying the principal and interest of the first agreement to the National Bank on February 28, 2014, including KRW 274,973,178,178, and KRW 172,661, Mar. 12, 2014.

5 The plaintiff appropriated 5,825,399 won recovered from the defendant company to the amount of subrogated payment under the first agreement, and the remaining amount of subrogated payment remains 269,147,779 won, and recovered the above amount.

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