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(영문) 서울동부지방법원 2019.10.23 2018가합110002

구상금

Text

1. The Defendant’s KRW 462,434,808 and KRW 373,773,921 among the Plaintiff’s KRW 462,434,80 and KRW 86,697,723 among the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a special corporation established under the Korea Technology Finance Corporation Act, and the defendant is a company with the purpose of indoor construction business, etc., and B is the only director of the defendant.

B. 1) Co., Ltd. (hereinafter “C”) (hereinafter “C”)

(2) In order to obtain a loan from a financial institution as indicated below, the Plaintiff entered into each of the following credit guarantee agreements with the financial institution (hereinafter “the first credit guarantee agreement” as of October 13, 201, and “the second credit guarantee agreement” as of July 7, 2014, and collectively “each of the instant credit guarantee agreements” as “the first credit guarantee agreement”). According to the first credit guarantee agreement as of October 13, 201, the Plaintiff did not pay all of the guaranteed fees to the Plaintiff, including the amount of the guaranteed deposit under the guarantee period as of the date of concluding the contract for the guarantee number 1D 1, 201 (amended as of October 2, 201) and the first credit guarantee fees as of October 13, 201 (amended as of October 2, 201), the Industrial Bank of Korea applied the first credit guarantee agreement as well as the first credit guarantee fees to the Plaintiff at the expiration of the guarantee fee as of July 205, 2014.

The agreed interest rate for delay stipulated in each credit guarantee agreement of this case shall be 12% per annum from December 1, 2012 to January 31, 2016, and 2016;

2. 1. From 1. to 10% per annum.

C. The occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation on September 15, 2016 were in arrears with repayment of loans to E Bank. On November 24, 2016, each credit guarantee accident occurred due to delinquency in repayment of loans to the Industrial Bank of Korea. Accordingly, the Plaintiff’s occurrence of each credit guarantee accident to the Industrial Bank of Korea on April 24, 2017 under the respective guarantee agreement. < Amended by Act No. 374, Jul. 5, 2017; Act No. 14839, Apr. 26, 2017>