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(영문) 창원지방법원 2014.10.16 2013나32073

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s claim No. B 1) The Plaintiff guaranteed the obligation of an enterprise which lacks security capacity and issued a credit guarantee form to Korea bank after concluding a credit guarantee agreement as set forth in the following table 1 < Amended by Presidential Decree No. 11758, Mar. 1, 200; Presidential Decree No. 20135, Feb. 1, 2007>

On the other hand, B guaranteed the Plaintiff to jointly pay the repayment obligation to the Plaintiff for the case of the Guarantee 1). Accordingly, A was granted a loan from the bank as shown in Table 2, the following Table 2: (a) the guarantee details: (i) the guarantee term of the Guarantee Serial No. 1 E50,000,000 of the guarantee term of the Guarantee Serial No. 1 E-50,000 of the guarantee term of the Guarantee Serial No. 1-50,000 of the guarantee term of September 14, 2008. < Amended by Presidential Decree No. 21748, Sep. 24, 2012; Presidential Decree No. 1550,50,000 Korean Bank, Sep. 50, 2008; Presidential Decree No. 20000,000, D Food and Drug Management Act No. 2000, Sep. 17, 2008>

3. According to Article 36 of the Credit Guarantee Fund Act and Article 10 of the Credit Guarantee Agreement between the Plaintiff and A, when the Plaintiff has performed the guaranteed obligation, the Plaintiff shall be paid damages for delay at the prescribed interest rate as determined by the Plaintiff from the date of performance to the date of full payment, and the following interest rate 4,80,000,000 1,620,013 51,420,013:420,013 to 49,80,620,620,01351,420,013) and Article 36 of the Credit Guarantee Fund Act and Article 10 of the Credit Guarantee Agreement made between the Plaintiff and A.