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(영문) 대구지방법원 2020.07.16 2020가단103952

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 402,521,550 and KRW 399,312,72 from October 2, 2019 to January 2, 2020.

Reasons

1. Facts of recognition;

A. On July 28, 2017, the Plaintiff entered into a credit guarantee agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) that provides a credit guarantee within a limit of KRW 600 million (hereinafter “instant credit guarantee agreement”).

B. According to the instant credit guarantee agreement, in a case where the Defendant Company forfeited the Plaintiff’s credit guarantee obligation on behalf of the Defendant Company due to the Plaintiff’s loss of interest due to the repayment delay of the loan granted by the financial institution as collateral, etc., the Defendant Company decided to pay the Plaintiff the amount of subrogation and the amount of subrogation, damages for delay in accordance with the interest rate determined in advance by the terms and conditions and regulations from the date of performance to the date of full payment

C. Defendant C as the representative of the Defendant Company, and jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company to the Plaintiff according to the instant credit guarantee agreement.

Based on the instant credit guarantee agreement, the Plaintiff issued two credit guarantee certificates as follows:

The first guarantee date: D Guarantee date: KRW 360,00,000 (the final change to KRW 323,00,000): July 30, 2018 (the final change to July 30, 2019): the first guarantee date: F Guarantee (the second guarantee date at the same branch of E Bank: the first guarantee date: 170,000,000 won (the final change to KRW 72,722,834): the guarantee period: July 30, 208 (the change to the final change to July 30, 2019): the first guarantee date: the second guarantee date at the same branch of E Bank at the same time: the second guarantee date: the first guarantee date at the rate of KRW 170,00,00 (the final change to KRW 72,722,834): the first guarantee date: the second guarantee date at the first guarantee branch of E Bank at the Ministry of Foreign Affairs.

E. On August 7, 2017, Defendant Company borrowed KRW 400,000,000 (Guarantee 1) and KRW 200,000,000 (Guarantee 2) from the E bank in the said credit guarantee letter.

F. On July 1, 2019, the Defendant Company lost its interest in the time limit for each of its loans by registering credit management information, and the Plaintiff by subrogation of the Defendant Company.