beta
(영문) 부산지방법원 2015.07.23 2015가단203093

구상금

Text

1. The Defendants jointly and severally committed against the Plaintiff as to KRW 52,129,248 and KRW 51,442,478 among them, from October 21, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a juristic person established under the Regional Credit Guarantee Foundation Act, concluded a credit guarantee agreement for each of the following individual transactions (hereinafter “instant credit guarantee agreement”) with Defendant A as a joint and several surety, and issued a letter of credit guarantee.

The date of guarantee: Amount guaranteed on March 24, 2009: The loan subject: 50 million won (total guarantee rate): C guarantee period: b). < Amended by Presidential Decree No. 22011, Mar. 24, 2010>

Defendant A was granted a loan of KRW 50 million at the Busan Bank Head of Busan Bank (hereinafter referred to as the “Resan Bank”) in accordance with the above credit guarantee.

Since then, the credit guarantee agreement has renewed the term of the credit guarantee every year and has changed the terms of the credit guarantee to the end of March 21, 2014.

C. Meanwhile, according to the Regional Credit Guarantee Foundation and the above credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the obligee has the right to claim reimbursement against the obligor for the amount of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc. from the date of full payment of the guaranteed obligation to the date of full payment.

The Defendant A delayed repayment of the loan principal due to the sales depression and excessive competition of the company, etc., resulting in a credit guarantee accident, and the Plaintiff subrogated to the Busan Bank on October 21, 2014 in accordance with the instant credit guarantee agreement.

E. Meanwhile, when a person who received a guarantee fails to perform the principal obligation within the period of guarantee, he/she shall pay the additional guarantee fee calculated by adding 0.5% per annum to the rate set by the Plaintiff. This is based on the rate of 1.5% per annum on the guaranteed amount during the period from the day following the date of payment of the final guarantee fee to the date of

2.2