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(영문) 서울중앙지방법원 2015.07.16 2014가합557495

구상금

Text

1. The plaintiff Credit Guarantee Fund:

A. As to Defendant C Co., Ltd, 809,113,780 won and 806,683,889 won among them, B.

Reasons

1. Facts of premise;

A. On May 21, 2008, on May 21, 2008, the guaranteed amount on the date of the credit guarantee agreement between the Plaintiff Credit Guarantee Fund and the Defendant C (won) on the date of the credit guarantee agreement, the credit guarantee agreement between the Plaintiff and the Defendant C (hereinafter “Defendant C”) concluded an agreement with the Korea Credit Guarantee Fund as follows: (a) on June 28, 2010, KRW 240 million for corporate ordinary driving capital 25 million on June 28, 2010, KRW 250 million on June 28, 2010, KRW 300 million on June 24, 2010; and (b) on May 27, 2013, the Defendant C (hereinafter “Defendant C”) entered into an agreement with each of the following loans with the National Credit Guarantee Fund (hereinafter “Co., Ltd.”) to obtain a loan agreement with each of the Plaintiff’s respective credit guarantee funds:

(1) At the time of the conclusion of each guarantee agreement, the Defendant Company decided to reimburse the Plaintiff Credit Guarantee Fund of the amount of subrogation and the amount of damages for delay, penalty, guarantee fee, and expenses for the preservation of rights (15% per annum until November 30, 2012, and 12% per annum from the following day) pursuant to the rate prescribed by the Plaintiff Credit Guarantee Fund (15% per annum).

B. Each joint and several surety A and Defendant D jointly and severally guaranteed the indemnity liability owed by the Defendant Company to the Plaintiff Credit Guarantee Fund in accordance with the respective guarantee agreements, and the indemnity liability owed by the Defendant Company to the Plaintiff Credit Guarantee Fund in accordance with the first and second guarantee agreements.

C. On November 5, 2013, when a credit guarantee accident occurred and the Defendant Company subrogated by the Plaintiff Credit Guarantee Fund lost the benefit of time by failing to pay the principal and interest of loans under each of the above loan agreements, the National Bank notified the Plaintiff Credit Guarantee Fund of the occurrence of the said guarantee agreement.

The amount of the basis for the subrogation (cost) shall be non-fixed.