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(영문) 수원지방법원 2016.10.26 2015가단139185

구상금

Text

1. The Defendant’s annual interest in KRW 190,734,193 and KRW 189,712,958 among the Plaintiff, from May 2, 2012 to October 7, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”), which provides credit guarantee for the payment of the principal and interest of the loan, with the credit guarantee principal set at 189,050,000 won and the credit guarantee term set at December 28, 2012. In the event that the Plaintiff performed the guaranteed obligation on behalf of B, B entered into a credit guarantee agreement with B, with the effect that (i) the payment by the Plaintiff for the performance of the guaranteed obligation and the damages for delay determined by the Plaintiff on behalf of B; (ii) additional guarantee fee based on the rate of the guarantee fee set by the Plaintiff from the day following the expiration date of the payment due date until the date of subrogation; and (iii) the Plaintiff’s payment of all incidental obligations, such as the legal procedure expenses required for the preservation, transfer and exercise of the right acquired by the payment of the guaranteed obligation.

B. On December 29, 201, the Plaintiff issued a credit guarantee certificate with a fixed period of KRW 189,050,000 for a small and medium enterprise loans of KRW 199,00,000, based on the said credit guarantee agreement with respect to the obligation of the principal and interest of KRW 199,00,000 for a small and medium enterprise loans to be borrowed from a bank by a company bank. On December 28, 2012, B obtained a credit guarantee certificate of KRW 19,00,000 from the said bank as collateral.

C. B, as a result of the suspension of check account transactions on March 20, 2012, lost the benefit of the time limit for the above loan obligation, and B was unable to repay the loan to a corporate bank, the Plaintiff performed the guaranteed obligation by paying the loan amount of KRW 190,821,828 on May 2, 2012 by subrogationing B. On May 2, 2012, the Plaintiff recovered KRW 1,108,870 on May 21, 2012 and appropriated the subrogated amount for partial repayment of the said subrogated amount (189,712,958 won (190,821,828 won - 1,108,870 won).

Accordingly, the plaintiff against the corporation B (hereinafter referred to as "B"), C, and D, the Seoul Central District Court 2012 Gohap526800.