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(영문) 춘천지방법원 2019.08.16 2019가단2141

구상금

Text

1. To the extent of the property inherited by the deceased C, the Plaintiff:

A. Appointed D shall be 13,570,757 Won and 12,872 among them.

Reasons

1. Basic facts

A. C entered into a credit guarantee agreement with the Plaintiff managing G in relation to general loans for farming funds from the F Association (hereinafter “F”), and received loans from F, by submitting a credit guarantee agreement issued by the Plaintiff.

1) A credit guarantee contract dated November 6, 2007 (hereinafter “No. 1 guarantee contract”)

(3) A guarantee period of KRW 9 million (90%): A guarantee period of KRW 108 million (90%) guaranteed by a credit guarantee contract (hereinafter “second guarantee contract”) dated December 7, 2007 from the date of loan: two years from the date of loan; a credit guarantee contract (hereinafter “third guarantee contract”) of February 13, 2009 (hereinafter “third guarantee contract”).

(i) Amount of security deposit of KRW 9 million (guarantee rate of KRW 90%: two years from the date of loan;

B. The above credit guarantee contract contains an agreement under which the Plaintiff pays damages according to the interest rate (12% per annum) determined by the Plaintiff regarding the amount of performance and the amount of performance from the date when the Plaintiff performed the guaranteed obligation.

C. C was unable to pay the principal and interest of the loan to F, and the Plaintiff subrogated to F on October 25, 2018 under the credit guarantee agreement as follows: ① KRW 9,422,315 (in relation to the first guarantee agreement, KRW 422,315), ② KRW 11,289,575 (in relation to the second guarantee agreement, KRW 489,575), ③ KRW 9,322,822 (in relation to the third guarantee agreement, KRW 9 million).

As of April 8, 2019, liability under the said credit guarantee contract: ① KRW 9,935,90 (amounting to 513,585 won, such as interest in arrears, etc. at the rate of 12% per annum from October 26, 2018 to April 8, 2019), ② KRW 11,903,104 (amounting to 11,289,575 won in subrogation, interest in arrears, etc. at the rate of 12% per annum from October 25, 2018 to April 8, 2019), ③ With respect to the guarantee contract, KRW 9,826,05 won in subrogation to April 26, 2018, and KRW 11,529 in subrogation, from April 25, 2018 to April 8, 2019)