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(영문) 대구지방법원 2017.05.16 2017가단100069

구상금

Text

1. The Defendants: (a) each of the Plaintiff’s KRW 181,705,681 and its 178,555.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with D Co., Ltd. (hereinafter “Nonindicted Company”) as follows, and the Nonparty Company received a credit guarantee agreement issued through each of the above agreements as security from the National Bank.

The amount of loan guaranteed by creditor bank No. 20,000,000 1,000,000 90,000,000 202020-09-111, 2013-13, 2014-13, a Korean National Bank 201-220,000,000 2020-09-11, 2013-13, 200,000 198,000,00,000 201-12,014-15 corporate ordinary loan for the principal debt which is executed by the principal debt of the principal debt which is the term of guarantee.

B. According to the above credit guarantee agreement between the plaintiff and the non-party company, when the plaintiff performs the guaranteed obligation, the non-party company agreed to pay the amount of subrogated payment to the plaintiff, damages for delay, penalty, substitute payment, guarantee fee, and other fees stipulated in the Credit Guarantee Fund Act

C. The deceased C (hereinafter “the deceased”) jointly and severally guaranteed the obligation of indemnity against the Plaintiff of the non-party company under each credit guarantee agreement of this case.

On October 15, 2014, a guarantee accident occurred that the non-party company delayed the repayment of each of the above loans. Accordingly, on June 19, 2015, the Plaintiff subrogated to the National Bank KRW 357,110,042.

In taking legal procedures for recovery of claims, the Plaintiff paid KRW 1,338,920 to the Plaintiff, and the Plaintiff incurred guarantee fees, overdue fees, and penalty as shown below.

The amount (won) subject to separate guarantee number 1 E 234,00,000 2014-0 -09-12 2014-12 2014-14.9 31.9 401,960 late 1 E 401,960 - 2014-12 2014-10-14 3310.0 3,630 - 1 E 234,000,000 - 2014-10-15 2015-18-247 2472,483, 710, 200, 2015-10-130, 2014-14-106, 15, 2016-130, 15, 167, 106-15, 207

E. The rate of damages for delay stipulated in each credit guarantee agreement of this case is January 2016.