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(영문) 서울중앙지방법원 2015.01.15 2014가단5222889

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 66,538,340 won and 66,453,847 won among them. From April 3, 2014.

Reasons

1. The following facts are not disputed between the parties, or are admitted in full view of the whole purport of the arguments in the evidence No. 1-1, No. 2, 3, A-2, 3, and 4.

1) The Plaintiff is a juristic person established pursuant to the Korea Technology Credit Guarantee Fund Act for the purpose of contributing to the development of national economy by ensuring the liabilities of an enterprise which lacks security capacity by facilitating its financing. 2) The Plaintiff borrowed money from the National Bank of Korea (hereinafter “National Bank”) under the Plaintiff’s guarantee to raise the insufficient business funds, and Defendant B, C, D, and E jointly and severally guaranteed the obligation of indemnity to be borne by the Plaintiff in the future. (b) On June 28, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A and issued the credit guarantee agreement with Defendant A with the term “75 million won of the guaranteed principal (100%) and by May 23, 2014, the term of the guarantee was 75 million won (10% of the guaranteed principal), and the credit guarantee agreement was provided by Defendant A submitted the credit guarantee agreement and borrowed KRW 75 million from the National Bank.

2) According to the credit guarantee agreement of this case, where Defendant A failed to pay the principal and interest of the loan to a national bank and the Plaintiff performed the guaranteed obligation to the national bank, the Defendants are jointly and severally liable to the Plaintiff; ① the amount of the Plaintiff’s guaranteed obligation and the rate and calculation method determined by the Plaintiff from the date of repayment to the date of repayment; ② the expenses incurred in the performance of the guaranteed obligation; ③ all kinds of guarantee fees; ④ the preservation and exercise of the claim for reimbursement; and ④ the expenses incurred in legal procedures (such as substitute payment)

C. Defendant A, who performed the Plaintiff’s guaranteed obligation, lost the interest of time under the credit transaction agreement with the National Bank on April 3, 2014, and accordingly, the Plaintiff lost its interest on April 3, 2014.