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(영문) 부산지방법원 2016.03.24 2015가단239719

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 84,136,632 and KRW 83,408,882 from August 31, 2015 to October 2015.

Reasons

1. Facts of recognition;

A. On May 10, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Korea CPS Co., Ltd. (hereinafter “Korea PPS”) with respect to the obligation to repay the principal and interest of loan to NFFC by May 6, 201 (final extension by April 30, 2015) and the amount of security deposit of KRW 95,000,000 (final extension by April 30, 2015) (final extension by KRW 80,750,000).

On May 10, 2010, the Defendants jointly and severally guaranteed all of the obligations owed by Korea Food and Drug Co., Ltd to the Plaintiff according to the credit guarantee agreement of this case.

B. On May 10, 2010, Korea Food borrowed KRW 100 million from NFFC as a general loan under the instant credit guarantee agreement.

C. A credit guarantee accident occurred on January 11, 2015 due to delay in interest to NFFC, and the Plaintiff subrogated to NFFF on August 31, 2015 for the principal and interest amounting to KRW 83,408,882 (i.e., principal interest amounting to KRW 80,750,000) (i.e., principal amounting to KRW 2,658,882).

According to Article 3 of the Credit Guarantee Agreement of this case, if Korea Food and Drug Co., Ltd. fails to perform its obligation within the time limit, additional guarantee fees for Korea Food and Drug Co., Ltd. shall be paid to the Plaintiff.

According to Article 10 of the Credit Guarantee Agreement, Korea Food Co., Ltd., a debtor, bears the legal procedure cost incurred by the Plaintiff in order to execute or preserve the claim for reimbursement. The legal procedure cost for Korea Food Co., Ltd remains 322,900 won.

E. According to Article 10 of the Credit Guarantee Agreement, Korea Co., Ltd., a debtor, shall pay damages for delay calculated at the rate determined by the Plaintiff from the date of subrogation to the date of full payment. The rate of damages for delay determined by the Plaintiff shall be after September 5, 2013.