logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.15 2017가단5079499
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed a claim against the Plaintiff for KRW 87,476,029 and KRW 86,659,158 among them.

Reasons

1. Common factual relations;

A. The Plaintiff (hereinafter “Defendant Company”) issued a letter of credit guarantee and loan 1) due to the entrustment of credit guarantee.

A) Upon the request of the Defendant Company, the Defendant Company made a credit guarantee to obtain a loan from a financial institution and issued the Defendant Company a letter of credit guarantee with the following contents. On December 12, 2014, the Guarantee Number: D: (1) the term of the guarantee principal: 90,000,000 won (the subsequent change to 85,50,000 won): December 11, 2015 (the subsequent change to December 9, 2016): The Bank of Korea for Enterprise Ordinary Capital Loans: 2) the Plaintiff provided the above credit guarantee for the Defendant Company; (2) the Plaintiff lost the Plaintiff’s guarantee obligation due to the Defendant Company’s loss of the interest due to the repayment of the loan, etc.; (3) the Defendant Company agreed to pay the amount by subrogation and other incidental debt at an interest rate prescribed by the Plaintiff from the date of performance to the date of full payment of the loan; and (4) the repayment rate from February 11, 2016 to the date of performance of the guarantee obligation.

3) Around the date of guarantee, Defendant Company received a loan of KRW 100,000,00 from the National Bank based on the above credit guarantee agreement, and Defendant B guaranteed all of the Defendant Company’s obligations with respect to the above credit guarantee agreement against the Plaintiff. (b) The Defendant Company lost the benefit of the above loan as principal and interest on December 10, 2016, and the Plaintiff repaid KRW 86,659,158 to the National Bank on behalf of the Defendant Company on April 6, 2017.

2) The Defendant Company agreed to pay the Plaintiff the expenses required for the enforcement, preservation, exercise, and legal procedure of the Plaintiff’s credit guarantee agreement. At present, the amount of subrogated payment for the preservation of claims is KRW 323,551.3) Meanwhile, Articles 34 and 24 of the Credit Guarantee Fund Act, Article 24-2(1) of the Enforcement Decree of the Credit Guarantee Fund Act, and Article 3(3) of the Credit Guarantee Agreement.

arrow