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(영문) 서울중앙지방법원 2020.03.26 2018가합588138
구상금
Text

1. As to KRW 2,087,153,960 among the Plaintiff and KRW 2,074,634,910 among the Plaintiff, Defendant A shall have from September 22, 2018 to May 14, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement between the Plaintiff and C on December 11, 2017 (hereinafter “C”).

(i) A credit guarantee agreement between the maximum amount of credit guarantee and KRW 1,494,00,00, the maximum amount of guarantee obligations, KRW 1,942,20,000, and the guarantee period from December 14, 2017 to December 13, 2018 (hereinafter referred to as “the first credit guarantee agreement”).

(2) On April 12, 2018, the Plaintiff concluded a credit guarantee agreement between C and the credit guarantee limit of KRW 567,00,000, the maximum amount of the guaranteed obligation is KRW 737,100,000, and the guarantee period is from April 20, 2017 to April 19, 2019 (hereinafter “Article 2 credit guarantee agreement,” and the “each credit guarantee agreement of this case”).

3) Defendant A, the representative director of C, jointly guaranteed all the obligations owed by C to the Plaintiff under each credit guarantee agreement of this case. 4) The main contents of each credit guarantee agreement of this case are as follows.

Article 8 (Repayment of Guarantee Obligations, etc.) (1) When a plaintiff has performed a guaranteed obligation, C and Defendant A shall refund the following amounts to the plaintiff according to the method determined by the plaintiff:

1. Amount of discharge of guaranteed liabilities (the principal and agreed interest of a credit guarantee side loan);

2. The repayment of the guaranteed obligation refers to reasonable expenses required for the preservation, transfer, and exercise of the right acquired by the Plaintiff. (2) If C and Defendant A fail to repay the amount under paragraph (1), they will repay the amount to the Plaintiff by adding the damages calculated by multiplying the number of days from the day following the due date determined by the Plaintiff by the overdue interest rate determined by

③ In addition to the damages calculated by multiplying the following expenses paid by the Plaintiff on behalf of the Plaintiff by the overdue interest rate set by the Plaintiff, C and Defendant A shall repay to the Plaintiff:

1. Insurance premiums paid by the Corporation on behalf of the Corporation pursuant to Article 18 (3);

2. Costs required for enforcement, preservation (including termination), transfer and exercise of claims and for legal procedures therefor;

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