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(영문) 대구지방법원 2019.04.12 2018가단128361

구상금 등

Text

1. As to KRW 41,120,731 and KRW 40,457,205 among the Plaintiff, Defendant A’s year from June 27, 2018 to November 13, 2018.

Reasons

1. Chief;

A. The plaintiff's assertion

1. Conclusion of credit guarantee agreements;

A. On July 29, 2015, Defendant A and C entered into a credit guarantee agreement with Defendant A and C on a general loan agreement of KRW 40,000,00 (see, e.g., the Credit Guarantee Agreement). On the 28th of the same month, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the money to be loaned by Defendant A pursuant to the Regional Credit Guarantee Foundation Act (see, e.g., the Credit Guarantee Agreement (see, e., the Credit Guarantee Agreement) and issued the following credit guarantee certificates to C:

(A) A evidence 3, A evidence 4-1, and each notice of change in the terms and conditions of credit guarantee in subparagraph 4-2. - D - (A): Guarantee No. 40,000,000 won (C): July 27, 2016 (this is changed to July 27, 2018)

B. (1) In the event of an occurrence of an occurrence of an occurrence of a guarantee after concluding the guarantee agreement within the scope of the guaranteed principal, the Plaintiff agreed to pay by subrogation the sum of the Plaintiff’s articles of incorporation and the operating manual out of the principal of the guaranteed principal, the amount of accrued interest to be applied in the event that the fulfillment period of the guaranteed loan has not yet arrived until the repayment of the guaranteed principal, and the expenses paid by C in order to recover the guaranteed loan.

(A) (See the Credit Guarantee Agreement). (2) In the event that the Plaintiff performs the above guaranteed obligation, Defendant A agreed to pay to the Plaintiff damages in accordance with the interest rate prescribed by the articles of incorporation after the date of performance and other expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s rights, in addition to the amount of performance.

(See A’s Credit Guarantee Agreement). On the other hand, the rate of damages determined by the Foundation’s articles of incorporation is 10% per annum from January 1, 2018.

(A) No. 5, the fifth agenda of the board of directors). 2. The scope of the Plaintiff’s subrogation, etc.