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(영문) 인천지방법원 2019.10.22 2018나63962

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The purpose of the Plaintiff is to contribute to the balanced development of the rural economy by guaranteeing the credit of farmers and fishermen who lack security capacity pursuant to the Agricultural, Fisheries, and Credit Guarantee Act and subordinate statutes, thereby enabling them to smoothly prepare funds necessary for agriculture and fisheries business.

B. On November 28, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant Company B (hereinafter “Defendant Company”) by setting the credit guarantee amount of KRW 240,00,000, and three years from the date of the guarantee period, and the method of guarantee as individual guarantee (hereinafter “the instant credit guarantee agreement”). Defendant C, the representative director of the Defendant Company, under the instant credit guarantee agreement, jointly and severally guaranteed all the Defendant Company’s liabilities to the Plaintiff.

C. The credit guarantee agreement of this case contains the following contents: “Defendant Company shall pay guarantee fees, administrative fines, and penalty in accordance with the rate, calculation method, and collection period set by the Plaintiff (Article 4(1)); and “in the event the Plaintiff fulfilled the guaranteed liability, the amount of damages according to the rate set by the Plaintiff for the performance amount and the performance amount from the date of performance. In addition to the reimbursement, all expenses incurred in the performance of the Plaintiff’s guaranteed liability and the expenses incurred in the preservation and exercise of the right acquired from the performance of the guaranteed liability.” The method of calculating the above amount of damages and the expenses shall be governed by the method set by the Plaintiff (Article

On November 30, 2016, the Defendant Company received a loan of KRW 300,000,000 from the D Bank (Dong Branch) as security in accordance with the Credit Guarantee Agreement issued by the Plaintiff.

Meanwhile, according to the credit transaction basic terms and conditions of the D Bank, the information on overdue payments, subrogation payment information, and related personal information among the credit transaction information under the Credit Information Management Rules, concerning the defendant company.