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(영문) 전주지방법원 2018.09.14 2017나12717

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On June 15, 2006, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A as to the obligation to receive a loan from the non-return Agricultural Cooperative (hereinafter “non-return Agricultural Cooperative”), setting the amount of security deposit of KRW 5 million, KRW 5 million from the date of the guarantee period, and KRW 5 million from the date of the guarantee period, and the guarantee method individual guarantee (hereinafter “the instant credit guarantee agreement”). Defendant A’s wife B guaranteed all the obligation that Defendant A owes to the Plaintiff under the instant credit guarantee agreement.

B. On June 15, 2006, Defendant A received a loan of five million won from Busan AFF as collateral in accordance with the credit guarantee agreement of this case issued by the Plaintiff pursuant to the credit guarantee agreement of this case and then sold the loan principal.

6. Although the Plaintiff agreed to repay in installments on 15.15., from June 2010, it was difficult to pay the principal and interest accruing from the installment repayment to the Nonghyup, and there was a credit guarantee accident. Accordingly, the Plaintiff filed a claim against the Plaintiff for the performance of the credit guarantee obligation, and the Plaintiff subrogated to the Plaintiff for KRW 2,180,328 (principal principal 2,00,000, KRW 180,328) on October 30, 2013.

C. Meanwhile, according to the credit guarantee agreement of this case, when Defendant A performed the guaranteed obligation on behalf of the Plaintiff on the part of the Plaintiff on the part of the said Defendant on the ground that Defendant A did not perform the obligation to pay the loan to the Plaintiff on the part of the said Defendant, Defendant A and the guarantor thereof shall pay the amount of the guaranteed obligation and 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 from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the preservation, transfer, guarantee fee, penalty, etc. In addition, as of May 25, 2017, the obligation, including damages for delay, penalty, etc. to the Plaintiff by subrogation of the Plaintiff on the part of the Plaintiff on the part of the Plaintiff on the basis of May 25, 2017, including damages for delay and penalty, total amount of KRW 3,153,038 won (the principal amount on the part of the Plaintiff on the part of 2,180,3

[Reasons for Recognition] A 1.