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(영문) 부산지방법원 2015.03.11 2014가합49725

구상금

Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 119,329,306 and KRW 118,803,910 among them, respectively. < Amended by Act No. 1259, May 12, 2014>

Reasons

1. Basic facts

A. 1) The Plaintiff is a special corporation established for the purpose of guaranteeing obligations owed by small and medium enterprises which lack security capacity, and Defendant A Co., Ltd. (hereinafter “A”) on November 14, 2008.

B) On November 7, 2014, the guaranteed amount of KRW 135 million, the guaranteed period of November 7, 2014, the Busan Bank Co., Ltd. (hereinafter referred to as the “Bansan Bank”)

(i) a credit guarantee agreement with the terms of the credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”).

(2) On November 14, 2008, Defendant B concluded the credit guarantee agreement of this case and jointly and severally guaranteed the indemnity obligation owed by Defendant A to the Plaintiff. (2) Defendant A submitted the credit guarantee agreement of this case to Busan Bank pursuant to the credit guarantee agreement of this case to obtain a loan of KRW 150 million from the Busan Bank.

B. On December 31, 2013, when a credit guarantee accident occurred and a credit guarantee accident occurred, such as delayed payment of interest on loans by Defendant A, the Plaintiff subrogated to the Busan Bank on May 12, 2014 pursuant to the credit guarantee agreement of this case (i.e., principal amount of KRW 117 million) (i., KRW 275,023) on behalf of the Plaintiff. (ii) Meanwhile, the Plaintiff collected KRW 471,113 from Defendant A, appropriated the principal amount of subrogated, and appropriated it to the principal, and then appropriated the principal amount of subrogated under the credit guarantee agreement of this case (i.e., principal amount of KRW 18,803,910) (= KRW 119,275,023 KRW - 471,113 won). The Plaintiff incurred damages due to a final delay in the collection amount, and the Plaintiff did not receive the legal expenses for indemnity from the Plaintiff during the process of compensation for damages.

3. According to Article 10 of the Credit Guarantee Agreement of this case, the Plaintiff shall receive damages for delay calculated at the rate determined by the Plaintiff from the date of performance of the obligation to the date of repayment. The rate of damages for delay determined by the Plaintiff from the date of subrogation to the date of repayment is 12% per annum.

C. The instant mortgage contract is established.