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(영문) 서울중앙지방법원 2015.11.20 2014가합578713
구상금
Text

1. The plaintiff's conjunctive claim against the defendant C, which is within the limit of 155,749,502, revocation and restitution.

Reasons

In fact, on April 17, 2012, the Plaintiff, such as credit guarantee and subrogation, concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and concluded a credit guarantee agreement (hereinafter “Guarantee No. 127,50,000”) with respect to the receipt of a loan for fostering small and medium enterprises from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), the guaranteed amount is KRW 127,50,00,00 with respect to the credit guarantee amount, and the term of the guarantee was fixed as of February 29, 2016 by a credit guarantee agreement (hereinafter “Guarantee No. 1 agreement”), between the Defendant Co., Ltd. and the Defendant Co., Ltd. as of September 25, 2013; the guaranteed amount under the credit guarantee agreement between the Defendant Co., Ltd. and the Defendant Co., Ltd. with respect to the receipt of an ordinary loan from the Korean Bank; the term of guarantee agreement between the Defendant Co., Ltd. and the Defendant Co., Ltd., Ltd. (hereinafter “No. 405.”).

Defendant Company received a letter of credit guarantee from the Plaintiff in accordance with each of the above credit guarantee agreements, and received a total of KRW 410,000,000 from Korea Bank and Nonghyup Bank Co., Ltd.

According to the above credit guarantee agreement, the defendant company and the joint guarantor agreed to pay to the plaintiff the amount of the performance of the guaranteed obligation, ② the amount calculated by multiplying the amount of the performance of the guaranteed obligation by the rate determined by the plaintiff (12% per annum after December 1, 2012), ③ the preservation of the right acquired by the plaintiff as the performance of the guaranteed obligation, and the expenses incurred in the transfer and exercise of the right acquired by the plaintiff.

(Article 10 Paragraph 1 of the Agreement). The deadline for loans to each of the above banks due to the suspension or closure of business on August 12, 2014 by the Defendant Company.

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