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(영문) 창원지방법원 2019.09.05 2018가단110014

구상금

Text

1. As to KRW 76,961,705 and KRW 76,205,145 among the Plaintiff, Defendant A shall be from May 15, 2018 to June 18, 2018.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee 1) The Plaintiff Company C (hereinafter “C”).

(1) According to the credit guarantee request, C has agreed to guarantee the repayment obligation of the principal and interest of loan to be borne by D and issued a guarantee certificate after concluding a credit guarantee agreement as follows. According to each credit guarantee agreement as above, when the Plaintiff performed the credit guarantee obligation, the Defendant shall pay damages for delay in addition to the rate set by the Plaintiff and additionally pay penalties for attempted breach of contract and legal procedure costs. The term of guarantee of the credit guarantee agreement 1/38,400,000 under the credit guarantee term as of the date of guarantee of the credit guarantee number deposit amount was extended on July 6, 2018, respectively. The term of guarantee of the credit guarantee agreement 2/38,40,000 under the credit guarantee term as of May 16, 2003, the Plaintiff received the loan from the Plaintiff as of July 27, 2015, with the general funds guarantee certificate issued by the Plaintiff as of May 16, 2003. < Amended by Presidential Decree No. 17680, Jul. 26, 20015>

Serial No. 1 E-38,400,000 D. D. on May 18, 2002 (2F 47,500,000,000) Defendant A entered into a joint and several surety agreement with the Plaintiff to jointly and severally liable for all the obligations owed by C pursuant to the respective credit guarantee agreements with the Plaintiff and the Plaintiff. (b) Defendant A failed to pay interest on the loan from March 2018 to March 31, 2018, and caused a guarantee accident by closing down on March 31, 2018.

2) On May 3, 2018, upon receipt of notification of a guarantee accident from D Association, the Plaintiff subrogated the amount as follows. On May 15, 2018, the Plaintiff determined as of the date of the payment by subrogation as of May 15, 2018, totaling the amount of subrogated principal on the date of payment by subrogation, KRW 314,344, KRW 28,314, KRW 28,344, KRW 3444, KRW 202, KRW 47,500,000, KRW 390,801, KRW 47,890,801, KRW 801, KRW 801, KRW 3).