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(영문) 서울남부지방법원 2021.01.15 2020가단214828

구상금

Text

The defendant shall pay to the plaintiff KRW 90,695,199 as well as KRW 90,353,019 as to the plaintiff. From December 30, 2019 to January 29, 202.

Reasons

1. Facts of recognition;

A. The status of the parties is a special corporation established with the aim of contributing to the development of the national economy by guaranteeing the debt of an enterprise which lacks security capacity under the Technology Guarantee Fund Act, thereby facilitating corporate financing.

Non-party B (hereinafter “non-party Company”) is a company that engages in service business, such as the scientific inspection and analysis of functions, such as anti-gradation, nutrition, piracy, and Ambassador, and the Defendant is a person who was the representative director of the non-party company from May 10, 2016 to February 22, 2019.

B. The Plaintiff entered into a guarantee agreement between the non-party company and the non-party company in addition to the amount calculated by adding the rate of guarantee fee applied from the date following the expiration date of the due date to the due date of the due date of the payment to the date of the due date of the due date of the due repayment to the non-party company, and the additional guarantee fee calculated by adding the rate of guarantee fee applied from the due date to the due date of the due date of the due date of the due date of the due date of the payment to the due date of the due date of the due date of the payment to the due date of the due date of the payment to the due date of the due date of the repayment, and 3. In order to enforce or preserve the rights by the Plaintiff’s due repayment of the due date of the guarantee, the guarantee agreement was concluded to pay all incidental obligations, such as legal procedure expenses, etc. paid by the Plaintiff.

On September 29, 2016, the Plaintiff issued a letter of guarantee (Guarantee No. E) on September 29, 2017 with respect to the obligation of the principal and interest of KRW 100,000,000 for general loans offered by a non-party company to obtain a loan from a bank C, based on the said guarantee agreement, and on the guarantee agreement, the guaranteed amount was KRW 90,000,000 for the guaranteed period, and the period of guarantee was set by September 29, 2017. The non-party company is from the C Bank on September 29, 2016.