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(영문) 창원지방법원 2017.11.30 2017가단111638

구상금

Text

1. As to KRW 255,580,167 and KRW 255,579,29 among the Plaintiff, the Defendant shall start from April 11, 2017 to August 14, 2017.

Reasons

1. Basic facts

A. (1) On November 28, 2013, the Plaintiff entered into a credit guarantee agreement, etc.) between the Defendant and the Nonghyup Bank Co., Ltd. (hereinafter “Agricultural Bank”).

In receiving a loan from the defendant, the credit guarantee agreement for the obligation to repay the principal and interest of loan has been made. In the event that the plaintiff performed the credit guarantee obligation on behalf of the defendant, the defendant shall enter into a credit guarantee agreement with the following terms: ① the payment made by the plaintiff for such performance and damages for delay based on the rate of damages prescribed by the plaintiff; ② the penalty calculated by adding the rate of the applied guarantee fee rate from the day following the expiration date of the due date of payment to the day before the due date of payment; ③ the plaintiff shall pay the legal procedure expenses paid by the plaintiff for the exercise or preservation of the right (hereinafter “credit guarantee agreement of this case”).

(2) On November 28, 2013, the Plaintiff concluded a credit guarantee contract with the Defendant on the basis of the instant credit guarantee agreement, setting the guarantee period from November 28, 2013 to November 27, 2014, and issuing a credit guarantee certificate at KRW 255,00,000. On November 29, 2013, the Defendant borrowed KRW 300,000 from the Nonghyup Bank based on the said credit guarantee agreement, and thereafter extended the guarantee period to November 24, 2017.

B. On February 17, 2017, the Defendant: (a) caused a credit guarantee accident on the ground of delinquency in interest; and (b) the Nonghyup Bank demanded the Plaintiff to pay the guaranteed liability. On April 11, 2017, the Plaintiff paid the Nonghyup Bank KRW 258,751,079 (i.e., principal amounting to KRW 255,00,000) (i.e., principal amounting to KRW 3,751,079) to the Nonghyup Bank; (b) the Plaintiff received a partial subrogation payment from the Defendant; (c) on April 11, 201, the amount of unpaid principal and interest paid by subrogation is KRW 25,580,167 (=255,579,579,299).

[Ground of recognition] Unsatisfy, A(1) through (3)