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(영문) 전주지방법원 2015.10.29 2014가단24886

구상금등

Text

1. The Plaintiff:

A. As to KRW 14,020,036 and KRW 7,016,00 among them, Defendant B shall be from March 24, 2014 to January 7, 2015.

Reasons

1. The portion of the claim for reimbursement against the defendant A and B

A. The Plaintiff, around September 28, 2010, entered into a credit guarantee agreement with Defendant B with the term of September 18, 2015, based on the principal of the credit guarantee, KRW 14,450,00, and the term of the credit guarantee (hereinafter “first credit guarantee agreement”).

(1) Defendant B borrowed KRW 6,545,00 from the High House Livestock Cooperative under the first credit guarantee contract, but failed to pay it, and the Plaintiff subrogated as follows. (2) Defendant B concluded a credit guarantee contract (hereinafter “the second credit guarantee contract”) between Defendant A and Defendant A on February 17, 201, with the remainder of the amount of the fixed delay loan for the recovery of the subrogated amount on the date of the subrogation guarantee contract as the date of the first credit guarantee contract, as follows. (3), the first credit guarantee contract between Defendant A and Defendant A on November 4, 2014 (hereinafter “the second credit guarantee contract”). Defendant B concluded a credit guarantee contract between Defendant A and Defendant A on February 20, 2011, with the credit guarantee term of KRW 10,000,000,000 as a credit guarantee term until February 20, 2016.

3) Under the second credit guarantee contract, Defendant A borrowed KRW 6,928,374 from No. 1 Nonghyup Co., Ltd., but failed to pay it, and the Plaintiff subrogated as follows. (Amount unit) On March 24, 2014, the balance of loans for collection of provisional seizure of the amount of subrogated money on the date of subrogation for guarantee contract (amount unit) the second credit guarantee contract is 7,016,001,001, 222,820 7,238,8214, and the rate of damages for delay under the credit guarantee contract and joint and several guarantee contract concluded between the Plaintiff, Defendant A, and B is 15% per annum from March 1, 2011 to September 27, 2013, and 12% per annum from the next day to the date of closing the argument of the instant case.

[Reasons for Recognition] Facts without dispute, entry of Gap's 1 to 5, 10 evidence (including branch numbers), the purport of the whole pleadings

B. According to the facts of the above recognition, Defendant B is based on the joint and several guarantee of KRW 6,781,215, which is the balance of the loans under the first credit guarantee contract.