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(영문) 청주지방법원 2016.06.21 2015가단111617

구상금등

Text

1. As to KRW 22,151,99 and KRW 21,937,08 among the Plaintiff and KRW 21,937,08, Defendant A shall be from September 24, 2015 to November 11, 2015.

Reasons

1. Basic facts

A. On February 12, 2010, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with the credit guarantee principal of KRW 28,500,000,000, and the credit guarantee period from February 12, 201 to February 11, 2011 (the credit guarantee period was later changed to February 5, 2016), and accordingly, obtained a loan of KRW 30,00,000 from the office of the office of the Bank of Korea.

B. According to the above credit guarantee agreement, when the Plaintiff performs the guaranteed obligation under the above credit guarantee agreement, the principal obligor and the joint and several sureties jointly and severally pay to the Plaintiff the amount of subrogation and the damages for delay calculated at the rate of damages determined by the Plaintiff, ② the expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, ③ the execution preservation and exercise of the obligation, and the expenses incurred in legal procedures. Meanwhile, the rate of damages for delay determined by the Plaintiff is 12% per annum

C. On June 22, 2015, Defendant A paid the last interest and thereafter, the payment of the interest accrued therefrom was delayed, and there was a credit guarantee accident that lost the benefit of time on September 9, 2015.

On September 24, 2015, the Plaintiff subrogated for KRW 21,937,088 to the Bank of Korea on September 24, 2015, based on the credit guarantee agreement, according to the demand for performance of the obligation to guarantee the Bank of Korea due to Defendant A’s credit guarantee accident. The Plaintiff’s substitute payment against Defendant A incurred KRW 214,910.

E. Defendant A entered into a sales contract (entrusted management) with Defendant LF, Inc. (hereinafter “Defendant LF”) on the terms that Defendant A would be supplied with the product from Defendant LF and sell the product to Defendant LF’s name and account, and then receive fees for sales proceeds (entrusted management) from Defendant LF, and operated the KF store in the reasonable district B.

F. Defendant LAF, around July 2015, found abnormal signs of C sales outlet and found Defendant LAF on July 2015.