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(영문) 부산지방법원 동부지원 2017.01.20 2016가합104349

양수금

Text

1. The defendant shall pay 50 million won to the plaintiff and 20% per annum from May 26, 2006 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Korea Technology Credit Guarantee Fund established a credit guarantee agreement with the Defendant (hereinafter “instant credit guarantee agreement”) and issued a letter of credit guarantee to the Defendant as follows:

B, C, and D have jointly and severally guaranteed the indemnity liability owed by the Defendant to the Korea Technology Credit Guarantee Fund in connection with the credit guarantee agreement of this case.

The second guarantee letter of June 26, 200 of the guarantee period of temporary loans, the first guarantee period of the guarantee period of the temporary loans, which is 306,000,000 general funds, until June 26, 2002 (referring to the alteration to June 25, 2004) and the second guarantee letter of May 20, 2002, which is 49,348,598 UN 2003, May 14, 2003 (referring to the alteration to May 14, 2004). The third guarantee letter of the third guarantee letter of the general funds 595,00,000,000 general funds until March 12, 2004, the ordinary funds 10,000,000 won until March 13, 200,000 general funds 10,006,36.6.36, 2004

B. The Defendant borrowed the amount exceeding the above guaranteed principal from the National Bank of Korea (hereinafter “National Bank”) around June 2001 as security of the said guarantee guarantee issued by the Korea Technology Credit Guarantee Fund under the instant credit guarantee agreement, and received loans from the New Bank of Korea (hereinafter “New Bank”) on May 21, 2002 from the New Bank of Korea (hereinafter “New Bank”), and KRW 81,133,616, United Nations on March 14, 2003, KRW 700,000, and KRW 120,000,000 from the Industrial Bank of Korea, and KRW 40,000,000 on June 19, 2003, respectively.

C. Under the credit guarantee agreement of this case, the defendant shall pay the amount of the performance and its 14% per annum until the date on which 3 months elapsed from the date of the performance of the guaranteed obligation, damages for delay by 16% per annum from the date on which 3 months elapsed from the date of the performance of the guaranteed obligation, legal procedure costs and additional guarantee fees (the amount calculated by multiplying the terminated guaranteed obligation by the rate obtained by adding 5/100 per annum to the guarantee fee rate for the terminated guaranteed obligation).