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(영문) 서울중앙지방법원 2014.09.05 2013가합551568
구상금 등
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 45,510,790 and KRW 45,193,530 among them.

Reasons

1. Basic facts

A. Credit guarantee agreement 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) under the joint and several surety of Defendant B on June 15, 2012.

(2) On June 15, 2012, the Industrial Bank of Korea (hereinafter “Industrial Bank”) granted a loan of KRW 50,000,000 to the Defendant Company on June 14, 2013, under a credit guarantee agreement with a joint and several surety, and concluded a credit guarantee agreement with the Plaintiff on June 14, 2013. In the event the Plaintiff’s performance of the guarantee obligation, the Defendant Company jointly and severally agreed with a joint and several surety to pay the amount of subrogation and any delay compensation, attempted additional charges, guarantee fees, claims preservation expenses, etc. according to the overdue interest rate determined by the Plaintiff from the date of performance to the date of full payment.

On June 18, 2013, a credit guarantee accident occurred due to overdue loans of Defendant Company. On June 27, 2013, the Plaintiff subrogated to Nonparty Bank for KRW 45,193,530.

3) The additional guarantee fee under the above guarantee agreement is KRW 24,450, and the Plaintiff paid KRW 292,810 (the amount remaining after appropriating the amount to KRW 9,450, out of KRW 302,260, which is the provisional disposal expense) with the claims preservation expense. (B) The Plaintiff entered into two credit guarantee agreements with the Defendant B, such as the amount guaranteed under the table below and the period of guarantee.

The above content of the obligation to be paid by the above defendant at the time of performance of guarantee liability

A. 1) According to each credit guarantee agreement above, the non-party bank extended a loan in accordance with the following table:

On September 21, 11.9.20, Sep. 23, 12.9 (amended by Act No. 13.9.17) 1, 200,000 won 2270,000,000 won on September 15, 12.15-6. 14. 12.6. 18, 201.6. 30,000,000 won on June 18, 2013, the amount of loans extended from the due date of credit guarantee period for the amount of loans extended by Defendant B. The Plaintiff suffered a credit guarantee accident due to the delay in payment of loans by Defendant B on June 18, 2013. The Plaintiff totaled 371,907,169 won on September 27, 201.

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