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Reasons
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(영문) 서울중앙지방법원 2016.05.26 2015가합552084
구상금 등 청구의 소
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1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 203,758,758 and KRW 203,208,274 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) on June 28, 2010, and the Defendant A Co., Ltd. (hereinafter “Defendant A”).

by June 27, 2011, 255,00,000 won of the guaranteed principal and the guaranteed principal, and by our Bank Co., Ltd. (hereinafter “Korea Bank”)

2) The credit guarantee agreement between Gangdong-gu Office and its branch office (hereinafter referred to as “instant credit guarantee agreement”).

(2) The Defendant A and C jointly and severally guaranteed all obligations owed to the Plaintiff under the instant credit guarantee agreement. The content of the instant credit guarantee agreement is to pay to the Plaintiff the amount of subrogation and penalty calculated at an annual interest rate of 12% as determined by the Plaintiff when the Plaintiff performs the guaranteed obligation, and the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the rights.

3) The Plaintiff and Defendant A renewed the instant credit guarantee agreement four times, and as a result, the instant credit guarantee agreement was modified to the end of June 26, 2015 by the guaranteed principal of KRW 199,750,000, and the period of guarantee. (B) Defendant A provided the instant credit guarantee agreement on June 29, 2010, and borrowed KRW 300,000,000 from the bank.

2) After that, Defendant A did not pay interest and caused a guarantee accident on March 25, 2015. The Plaintiff subrogated 203,208,274 won to the Bank on July 15, 2015 in accordance with the credit guarantee agreement of this case. The Plaintiff spent 363,324 won as the expenses for the preservation of the claim, and the penalty to be paid by Defendant A based on the credit guarantee agreement of this case is KRW 187,160. As a result, the Plaintiff is liable for reimbursement against the Defendant at present (i.e., KRW 203,758,758,274 as the amount of subrogation (i.e., KRW 203,208,274 as the amount of subrogation).

(c) Defendant C’s act of disposal of the property, and Defendant C’s self-sufficiency at the time, are against Defendant D on November 26, 2014.

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