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(영문) 서울중앙지방법원 2015.06.24 2014가합514344

양수금

Text

1. The Defendant’s KRW 162,400,000 for the Plaintiff and KRW 13% per annum from January 1, 2013 to March 17, 2014.

Reasons

1. Basic facts

A. 1) The Plaintiff is a non-profit special corporation established pursuant to the Korea Technology Credit Guarantee Fund Act to contribute to the development of the national economy by guaranteeing the obligation owed by an enterprise which lacks security power to a financial institution and facilitating its financing. 2) The Multilater Engineering Co., Ltd. (hereinafter “Dal Engineering”) received a loan from the Industrial Bank of Korea (hereinafter “Corporate Bank”) with the Plaintiff’s guarantee in order to cover the shortage of business funds, and is not repaid, and Nonparty A is a joint and several surety for the Plaintiff of the Multilater Engineering.

3) On February 27, 2012, the Defendant (formerly changed: a company specialized in light-based self-management real estate investment company) entered into an agreement on the right of retention arising from the said place of business (hereinafter “instant agreement”) with the 31 sewage suppliers of the two-year-dong (Gu-dong)-dong (Gu-gu) Haakwon Apartment apartment business on February 27, 2012.

B) The obligor of the Daol Engineering, etc. entered into a credit guarantee agreement between the Plaintiff and the Daol Engineering as of December 30, 2008 between the Plaintiff and the Daol Engineering, with the term of 190,000,000 won guaranteed and the term of guarantee as of December 28, 2012. Under the above agreement, where the Plaintiff performed the guaranteed obligation, the Daol Engineering had the Plaintiff reimburse the amount subrogated by the Plaintiff and the amount of damages determined by the Plaintiff, and other legal procedure costs incurred by the Plaintiff. A jointly and severally guaranteed all obligations incurred by the Daol Engineering pursuant to the said credit guarantee agreement.

2. On December 30, 2008, the Plaintiff issued a credit guarantee certificate with the term “190,000,000 won with the guaranteed principal, and the term of guarantee as of December 28, 2012,” in accordance with the said credit guarantee agreement.