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(영문) 대전지방법원 2018.07.19 2018가단204708

구상금

Text

1. The Plaintiff:

A. As to Defendant A (Appointed Party) KRW 56,269,890 and KRW 56,267,040 among them:

(b) the Appointor B;

Reasons

1. Facts of recognition;

A. When D receives a loan from the Daejeon Branch of the Korean Bank, the Plaintiff entered into a credit guarantee agreement with respect to the repayment obligation (hereinafter “the instant credit guarantee agreement”) with the following contents, and D obtained a loan amounting to KRW 200 million from the Korean bank as security on September 20, 201.

The date of guarantee: Guarantee number on September 17, 2001: The guaranteed principal of E: 170 million won (85% of loans): the period of guarantee: by September 14, 2002: The loan amount of KRW 200 million: the bond-backed institution of corporate general loan loans: the Daejeon Bank of Korea.

B. According to the credit guarantee contract of this case, when D loses the benefit of time, such as repayment delay, with respect to the loan from the bank, and the plaintiff performs the guaranteed obligation by subrogation of D, D is required to repay D the amount of subrogated payment and the amount of delayed payment in accordance with the prescribed interest rate from the date of performance to the date of full payment.

C. On September 17, 2001, the Plaintiff entered into a joint and several guarantee contract with the Defendant (appointed party; hereinafter “Defendant”) who is the wife of D on September 17, 2001, for the obligation to be borne by D under the credit guarantee contract of this case.

After that, the time limit for the guarantee of the instant credit guarantee contract was extended every year until September 17, 2013, and the damages rate for the amount of performance of the guaranteed obligation determined by the Plaintiff is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to February 1, 2016.

E. On May 13, 2013, D lost a benefit due to the delay in the principal and interest of loans. Our bank requested the Plaintiff to discharge the guaranteed obligation based on a credit guarantee certificate. Accordingly, on June 21, 2013, the Plaintiff subrogated the bank to pay 56,558,726 won as the principal and interest of loans.

F. After that, the Plaintiff recovered KRW 291,686 from D and appropriated it for the subrogated payment, and it was against the above KRW 291,686.