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(영문) 부산지방법원 동부지원 2018.08.22 2017가단206443

구상금

Text

1. Defendant A and Defendant B jointly and severally agreed with the Plaintiff as to KRW 205,234,598 and KRW 204,843,818 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”) around April 23, 2015, including entering into a credit guarantee agreement.

B) As between Defendant A and the Bank, a credit guarantee agreement between Defendant A and the Bank provides a credit guarantee agreement between Defendant A and the guaranteed amount of KRW 225,00,000,000 and April 22, 2016 (hereinafter “instant credit guarantee agreement”).

(2) At the time of the conclusion of the credit guarantee agreement, Defendant B guaranteed the obligation under the above credit guarantee agreement against the Plaintiff by Defendant A, and Defendant A borrowed KRW 250,000,000 from the Bank around April 24, 2015.

3) After the occurrence of a credit guarantee accident and the Plaintiff’s subrogation on April 21, 2017, the term of guarantee between the Plaintiff and the Defendant A was changed to KRW 201,875,00, and the term of guarantee. (B) On January 24, 2017, the occurrence of a credit guarantee accident and the Plaintiff’s credit guarantee accident due to the registration of credit management information (hereinafter “the instant credit guarantee accident”) occurred to Defendant A, and the Plaintiff subrogated to the Bank of Korea for the total amount of KRW 204,843,818 (= Principal KRW 201,875,000) upon the request for the performance of the guaranteed obligation by the Bank.

2) According to the Credit Guarantee Fund Act and the Credit Guarantee Agreement, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff shall be paid 10% (the Plaintiff’s prescribed rate due to autonomousization of interest rates) per annum from the date of the performance to the date of full payment, and the interest rate prescribed by the Plaintiff, and penalty in accordance with the calculation method, and the penalty shall be paid as follows. The rate of the penalty and the penalty shall be as follows: (a) the amount of the amount of the guarantee number generated, the amount of the loss incurred, the number of days for which the contract was made, and the amount of the penalty, D201,875,000, and the amount of the penalty paid by the Plaintiff for the purpose of preserving the Defendant’s claim for reimbursement against the Defendant: (b) 33,180, April 22, 2017, to 32.33, 2017, and 3).

(c).