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(영문) 대전지방법원 2017.10.18 2016가합103570

구상금 등

Text

1. Defendant B Co., Ltd. and Defendant C jointly and severally with the Plaintiff 457,406,656 won and 454,127.

Reasons

1. Basic facts

A. The status of the parties is a non-profit special corporation established under A Fund Act with the aim of contributing to the development of the national economy by facilitating corporate financing through the guarantee of the liabilities of companies which lack security capability. Defendant C is the representative director of Defendant B.

B. (1) On April 29, 2014, the Plaintiff concluded a credit guarantee agreement and the credit guarantee principal of Defendant B and the credit guarantee principal are KRW 900,00,000, the period of the credit guarantee is from April 29, 2014 to April 28, 202, and the rate of delay damages is 10% per annum (hereinafter “instant credit guarantee agreement”).

A) The Defendant C concluded a credit guarantee agreement of this case and jointly and severally guaranteed the obligation to be borne by Defendant B under the credit guarantee agreement of this case. (2) Defendant B obtained a loan of KRW 1,00,000,000 from G Bank in accordance with the credit guarantee agreement of this case based on the letter of credit guarantee issued by the Plaintiff (a guarantee number F, 900,000,000).

3) A credit guarantee agreement prepared at the time of the instant credit guarantee agreement (the provisions relating to the instant case in the evidence A No. 1 are as follows.

Article 10 Scope of Repayment ① When the plaintiff has fulfilled the guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:

1. Performance amount of surety obligations;

2. The amount of damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation until the date of repayment.

2. The expenses required for the execution, preservation (including termination) and exercise of the claims and the legal procedures therefor which are joint and several sureties under Article 16.

C. On March 14, 2016, Defendant B’s occurrence of a guarantee accident and subrogation due to the “principal and interest delinquency”.