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(영문) 청주지방법원 2018.01.26 2017가합201290

구상금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 248,475,039, 1965,205,205,034,000,000,000. < Amended by Act No. 1417, Mar. 10, 2017; Act No. 714, Jun.

Reasons

1. Determination on the cause of the claim

A. (i) The Plaintiff entered into an agreement on credit guarantee with Company B (hereinafter “B”) as follows.

At the time of each credit guarantee agreement as follows, the defendant jointly and severally guaranteed the obligation of indemnity to be borne by B to the plaintiff by each credit guarantee agreement.

On March 31, 2009, the creditor of the term of guarantee under the first credit guarantee agreement of March 31, 2009: (a) on March 30, 2010, the first credit guarantee agreement of March 201, the first credit guarantee agreement of March 200, and (b) on May 26, 2017, the Industrial Bank of Korea received loans from the Industrial Bank of Korea on August 24, 2014 (2,70,000,000,000 under the second credit guarantee agreement of August 24, 2014; and (c) on June 23, 201, the Industrial Bank of Korea received loans from the Industrial Bank of Korea on June 23, 202, pursuant to the second credit guarantee agreement of the first credit guarantee agreement of March 20, 200, KRW 300,000,000 from the Industrial Bank of Korea; and

According to each credit guarantee agreement, when the plaintiff performs the guaranteed obligation, the defendant shall jointly and severally pay to the plaintiff the amount of the guaranteed obligation and the interest rate set by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the rights thereby, and damages for delay calculated at the interest rate set by the plaintiff from the payment date to the date of repayment, and other unpaid guarantee fees, delayed guarantee fees

Accordingly, the rate of delay damages determined by the Plaintiff is 10% per annum from February 1, 2016.

And B caused each credit guarantee accident to the Bank on December 26, 2016, on January 31, 2017.

(v) pursuant to a credit guarantee agreement concluded on March 10, 201, Nos. 1 and 2, 2017, and pursuant to the Bank of Korea’s credit guarantee agreement, the Plaintiff shall obtain the Bank of Korea’s 252,442,139 won, and the Korea Development Bank’s 714,619.