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(영문) 서울중앙지방법원 2015.06.16 2014가합579778
구상금 등
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff as to KRW 639,606,452 and KRW 638,51,002 among them, respectively.

Reasons

1. Facts of recognition;

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(A) On September 27, 2012, the term of credit guarantee with the Plaintiff and the credit guarantee principal of KRW 270,000,000 and the term of credit guarantee set forth on September 27, 2013 (Guarantee Number D; hereinafter referred to as “Guarantee Number 1 Agreement”).

(B) A credit guarantee contract under the Credit Guarantee Contract (Guarantee Number E; hereinafter “instant Credit Guarantee Contract”) established on September 27, 2013 with the term of credit guarantee principal of KRW 360,000,000 and the term of credit guarantee as of September 27, 2013; each of the above credit guarantee contracts is “each of the instant credit guarantee contracts”.

The term of each credit guarantee contract of this case was extended on September 26, 2014, respectively. 2) Defendant B, the representative director of the Defendant Company, was jointly and severally and severally guaranteed the Defendant Company’s obligation under each credit guarantee contract of this case.

3) Each of the instant credit guarantee agreements provides that, where the Plaintiff performs the credit guarantee obligations on behalf of the Defendant Company, the Defendant Company shall pay to the Plaintiff additional guarantee fees calculated by adding 0.5% to the guarantee fee rate (1.2%) determined by the Plaintiff as to the amount of subrogated payment and the amount of delayed payment calculated as the rate of late payment as determined by the Plaintiff (12% per annum from December 1, 2012 to the date of full payment of the amount of subrogated payment and the amount of delayed payment (1.2% per annum).

B. On July 29, 2014, the Defendant Company’s natural body, including the Plaintiff’s subrogation, caused a credit guarantee accident. On October 28, 2014, the Plaintiff repaid KRW 273,819,04 to the Industrial Bank of Korea under the instant first credit guarantee agreement, and KRW 364,691,398, respectively, in accordance with the instant second credit guarantee agreement.

Additional guarantee fees under the instant credit guarantee contract shall be from September 27, 2014, following the payment period.

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