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(영문) 창원지방법원 2019.11.14 2018가단114306

구상금

Text

1. As to KRW 86,435,992 and KRW 85,919,252 among the Plaintiff, Defendant A’s year from May 15, 2018 to September 11, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established under the Credit Guarantee Fund Act for the purpose of guaranteeing the debt of an enterprise which lacks security capability.

B. On March 16, 2017, the Plaintiff entered into a credit guarantee agreement under which Defendant A provides credit guarantee with respect to the principal and interest of a loan that Defendant A borrowed from a DNA bank (hereinafter “the instant credit guarantee agreement”) and issued a written credit guarantee agreement under the said credit guarantee agreement between Defendant A and Defendant A, by extending the guarantee amount to KRW 85 million and the guarantee term on March 15, 2018.

According to the above credit guarantee agreement, in the event that the Plaintiff fulfills the guaranteed obligation due to the occurrence of a guarantee accident, such as Defendant A’s loss of benefit, etc., Defendant A shall pay to the Plaintiff the amount of the performance of the guaranteed obligation, the interest rate determined by the Plaintiff, the amount of damages (the rate of damages determined by the Plaintiff shall be 10% per annum), the incidental expenses (including the expenses incurred in the preservation, transfer, and exercise of the right

C. According to the instant credit guarantee agreement, Defendant A provided a credit guarantee certificate issued by the Plaintiff as security and received a loan from the D Bank. Since then, a guarantee accident occurred in January 2018.

On May 15, 2018, the Plaintiff paid the principal amount of KRW 85,919,252 (i.e., principal amount of KRW 85,00,000,000) on behalf of a bank to pay the guaranteed liability, and paid KRW 516,740 as the relevant incidental expenses.

(265,240 won, penalty for attempted penalty, 251,500 won).

Defendant A completed the registration of transfer of ownership (No. 8078) with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on September 11, 2017, which was the only property valued on September 13, 2017, which was in excess of the debt, on the ground of the sale on September 11, 2017 (hereinafter “the instant sale”).

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