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(영문) 부산지방법원 동부지원 2018.08.09 2018가단203137

구상금

Text

1. As to the Plaintiff KRW 2,147,065,638 and its KRW 1,226,575,274 among them, the Defendant shall start on December 1, 2009, and 404,783.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract with B (State) and C (State) (hereinafter “each of the credit guarantee contracts of this case”). The Defendant, based on each of the credit guarantee contracts of this case, jointly and severally guaranteed the obligation owed by the said companies to the Plaintiff.

① A credit guarantee agreement up to June 15, 2007 (final extension to June 11, 2010) under a credit guarantee agreement between the principal of the surety B (ju), the principal of the surety 2,376,00,000,000 won, and the term of guarantee until June 15, 2007 (final extension to June 11, 2010).

B. In accordance with each credit guarantee contract of this case, the Plaintiff, B (State) and C agreed to reimburse the Plaintiff’s expenses incurred by the Plaintiff for the exercise of the right to reimbursement and the compensation for delay calculated by ① the rate of 14% per annum from the date of payment by subrogation and the date of payment by subrogation to the date of full payment by the Plaintiff (16% per annum from the date of payment by subrogation until three months from the date of payment by subrogation, the rate of 16% per annum from the next day to November 30, 2012, the rate of 12% per annum from the next day to January 31, 2016, and the rate of 10% per annum from the next day to the date of full payment.

C. B (State) and C (State) submitted a credit guarantee certificate issued by the Plaintiff under each credit guarantee contract of this case, and borrowed money from the Gyeongnam Bank and the Industrial Bank of Korea.

On December 1, 2009, the Plaintiff subrogated the Bank for KRW 2,423,57,57, 358,761,117 on December 11, 2009, and 346,666,859 on December 11, 2009, respectively, to the Bank of Yong-Nam, in accordance with each credit guarantee agreement of this case.

E. The Plaintiff collected some money from each of the above companies, and subrogated as of the date of closing argument of this case.