beta
(영문) 서울동부지방법원 2018.07.26 2017가단124663

구상금

Text

1. As to the Plaintiff, Defendant A, as to KRW 374,646,77 and KRW 178,578,260, Defendant A, as to the Plaintiff, from December 23, 2002, and KRW 182.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 7 and the overall purport of the pleadings.

The Plaintiff entered into a credit guarantee contract with Defendant A Co., Ltd. (hereinafter “each of the credit guarantee contracts of this case”), and Defendant B jointly and severally guaranteed the obligations owed by Defendant A to the Plaintiff according to the credit guarantee contract of the following (3) and (4).

(1) A credit guarantee contract between August 26, 1998 and June 15, 2000 of the guaranteed principal for the Korea Comprehensive Technology Finance (hereinafter referred to as the "Korea Comprehensive Technology Finance") and the term of guarantee until June 15, 2003. < Amended by Presidential Decree No. 15835, Dec. 24, 1998; Presidential Decree No. 16666, May 19, 2009; Presidential Decree No. 16673, Feb. 16, 2000; Presidential Decree No. 17458, Feb. 19, 2005; Presidential Decree No. 17075, Aug. 29, 2005>

B. In each of the credit guarantee agreements of this case, the Plaintiff and Defendant A agreed to pay the Plaintiff the amount of damages calculated by the Plaintiff’s interest rate from the payment by subrogation and the date of subrogation to the date of full payment by subrogation, the amount of damages for delay calculated by the Plaintiff’s interest rate from the date of full payment by subrogation and the date of full payment by subrogation, the additional guarantee fee from the day following the date of payment of the guarantee fee for the amount not yet paid until

C. Defendant A Co., Ltd. submitted a credit guarantee certificate issued by the Plaintiff pursuant to each credit guarantee contract of this case, and borrowed money from the Korea Comprehensive Technology Finance, Peace Bank, and C. The Korea Comprehensive Technology Finance transferred the loan claims under the above lending and borrowing of money to C. The Peace Bank was merged with the Korea Bank.

In accordance with each of the credit guarantee agreements of this case, the Plaintiff indicated in Section A above-mentioned KRW 178,578,260 in C on December 23, 2002.