beta
(영문) 청주지방법원 2019.03.08 2018가단3946

구상금

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 962,100,356 and KRW 892,078,206 among them, Defendant B shall be from January 10, 2018 to August 24, 2018.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The facts of recognition are as follows: (a) the management agency of the Agricultural and Fishery Credit Guarantee Fund for farmers and fishermen on March 23, 2016; (b) the Plaintiff, as the management agency of the Agricultural and Fishery Credit Guarantee Fund for farmers and fishermen on March 23, 2016; (c) the Plaintiff entered into a credit guarantee agreement with D (hereinafter “D”); (d) the amount of credit guarantee (limit) KRW 240 million; (e) the period from March 31, 2016 to March 31, 2017; (e) the creditor E Bank of Financial Institutions (Indudong Branch); and (e) the amount of loan KRW 300 million; and (e) D shall pay guarantee fees, administrative fines, etc. according to the calculation method and timing determined by the Plaintiff; and (e) when the Plaintiff fulfilled the guaranteed obligation to the Plaintiff, D shall reimburse all the expenses incurred in performing the repayment of the repayment amount and the guaranteed obligation from the date when the Plaintiff performed the guaranteed obligation to the Plaintiff; and (ii) the Plaintiff’s joint guarantee agreement with D as the same date.

B) On March 29, 2016, D under the aforementioned credit guarantee agreement, upon receipt of a credit guarantee agreement in which the Plaintiff paid the guaranteed amount of KRW 240 million from the date of the guarantee period, KRW 1,00,000,000 from the date of the loan, KRW 239,987,50,000 from the date of the guarantee period, KRW 1,000 from the loan subject F (general funds), individual guarantee method, and the estimated amount of loan amount of KRW 300,000,000,000 from the loan amount to the E bank, and thereafter, a credit guarantee accident occurred from the E bank. On May 19, 2017, the Plaintiff performed the guaranteed obligation by subrogation with the amount of KRW 242,07,50,00 from the date of the guarantee period, KRW 239,00,00,000 from May 19, 2017 to the date of the payment by subrogation, the Plaintiff calculated by applying the damages calculated by the Plaintiff 10.