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(영문) 서울중앙지방법원 2016.09.02 2015가합570938

구상금 등

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,840,923,346 and KRW 1,831,635,853 among them.

Reasons

1. Basic facts

A. The Plaintiff received a loan from the Industrial Bank of Korea under the Korea Technology Credit Guarantee Fund Act with respect to Defendant A Co., Ltd. (hereinafter “Defendant A”), and with respect to the payment of principal and interest of loan, the Plaintiff guaranteed the Industrial Bank of Korea within the limit of the guaranteed amount. In the event that the Plaintiff performed a credit guarantee obligation with respect to the Industrial Bank of Korea, the Defendant A shall pay to the Plaintiff the amount of its performance and damages for delay at the rate of 12% per annum from the date of delivery of a copy of the guaranteed amount to the date of its performance, and shall pay the guarantee fees, overdue fees, and additional guarantee fees in accordance with the rates determined by the Plaintiff based on the provisions on the Korea Technology Credit Guarantee Fund Act, the Enforcement Decree thereof, the Enforcement Decree thereof, the Fund’s operating manual, and the credit guarantee method and collection period. 1.7 billion won for the Plaintiff’s credit guarantee agreement to repay the Plaintiff’s repayment of the guaranteed amount and other expenses incurred in the exercise or preservation of the rights (hereinafter “the instant credit guarantee agreement”).

(b) the defendant.