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(영문) 서울중앙지방법원 2018.07.06 2018가단5005020

보증채무금

Text

1. The Defendant’s KRW 150,004,944 and KRW 149,60,00 among the Plaintiff’s KRW 5% per annum from April 7, 2016 to July 6, 2018.

Reasons

Basic Facts

A. The Defendant, as the management institution of the Fund for Farmers and Fishermen under Article 5(1) of the Act on the Credit Guarantee for Farmers and Fishermen, issued a letter of credit guarantee for the said Fund through a direct guarantee review as to the application for a guarantee by CF (hereinafter “C”), which is a farmer and fishermen. The Plaintiff was a trustee who entered into a contract with the Defendant on the entrustment of business affairs related to the said credit guarantee, and the said Defendant’

B. On February 12, 2015, the Defendant entered into a credit guarantee agreement (hereinafter “the instant guarantee agreement”) with C, with the aim of securing the payment of the obligation for a facility loan for agricultural food enterprises to the Plaintiff, which is set forth in C, C, 340,000,000 won from the date of the guarantee period, 10 years from the date of the guarantee period, 40,000,000 won for the loan subject, 40,000,000 won for the loan subject, and issued the said credit guarantee agreement with the Plaintiff on the same day.

C. On February 25, 2015, the Plaintiff entered into an agreement with C to lend funds for facilities of agricultural and food enterprises with a total amount of KRW 400 million as collateral for the Defendant’s credit guarantee agreement, KRW 126,000,000,000 to E Co., Ltd. (hereinafter “E”), the contractor for the production and installation of D, etc., and KRW 126,000,000,000,000,000,000,000,000 were already paid to E, respectively, as part of the said construction payment was already paid to E.

On March 26, 2015, the Plaintiff executed the remaining loans of KRW 150 million, and paid KRW 100 million to G Co., Ltd. (hereinafter “G”) that entered into a contract for construction works with C with respect to “F Corporation” according to the payment delegation by C, and paid KRW 50 million to G, which already paid the down payment of KRW 71 million.

E. The instant case.