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(영문) 서울중앙지방법원 2016.03.11 2015가단5304566

구상금

Text

1. The Defendants jointly share the Plaintiff KRW 68,631,549 and KRW 68,187,279 among them, from April 15, 2015 to September 2015. < Amended by Presidential Decree No. 26508, Sep. 15, 2015>

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff entered into a credit guarantee agreement with Defendant A, who is engaged in the business of manufacturing rice tea in Seongdong-gu, Seongbuk-gu, Sungnam-gu, with the content that Defendant A would guarantee the loan from Nonghyup. The specific content is as follows: (a) the credit guarantee agreement dated February 12, 2009 (hereinafter “No. 1 guarantee”).

(2) On February 11, 2010, February 12, 2010, the guarantee number D’s guarantee date, extended as of February 11, 2010 (up to February 6, 2015) the guarantee principal of KRW 47,500,000, the FriendLo Bank’s loan ratio to other general loan loans of KRW 95% on November 17, 2009 (hereinafter “No. 2 guarantee”).

(1) According to each credit guarantee agreement, if Defendant A, the principal obligor under a credit guarantee agreement, fails to repay the obligations to the Nonghyup, the Plaintiff is entitled to exercise the right to reimbursement on behalf of the Plaintiff and the right to reimbursement under the credit guarantee agreement in accordance with the above credit guarantee agreement, and the Defendant A pays damages for delay by the rate determined by the Plaintiff on Nov. 16, 2010 (which shall be extended as of Nov. 14, 2014) of the guaranteed principal amount to KRW 29,750,00,000 (the foregoing period shall be extended as of Nov. 14, 2014).

3) On December 11, 2014, Defendant A lost profits due to delay in the repayment of loans to Nonghyup. Upon the request of Nonghyup, the Plaintiff paid the Plaintiff the principal amount of KRW 44,657,430, interest KRW 151,737, and interest KRW 44,809,167 with the first guarantee on April 15, 2015. Upon the second guarantee, the Plaintiff repaid the principal amount of KRW 23,375,00, interest KRW 3,378,112 in total on behalf of Defendant A, and paid KRW 68,187,279,279 in total, on behalf of Defendant A.