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(영문) 대전지방법원 2015.02.04 2014가합101556

구상금 등 청구의 소

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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 568,653,121 as well as KRW 561,895,369 as to the Plaintiff. < Amended by Act No. 12435, Mar. 17, 2014>

Reasons

Basic Facts

The Plaintiff’s status as the parties is a non-profit special corporation established for the purpose of contributing to the development of national economy by ensuring the liabilities of enterprises which lack security capability pursuant to the Korea Technology Credit Guarantee Fund Act and facilitating corporate financing. Defendant A (hereinafter “Defendant A”) is a credit guarantee client who entered into a credit guarantee agreement between the Plaintiff as follows. Defendant B is a representative director of Defendant A (the representative director was resigned on May 27, 2013 and remains as an internal director until the date of closing argument in the instant case) and is a joint and several surety under the credit guarantee agreement in the instant case. Defendant D is a friendship of Defendant B.

On the other hand, Defendant C entered into the instant one sales contract with Defendant B as follows.

On November 22, 2012, the Plaintiff fulfilled the instant credit guarantee agreement and the Plaintiff’s guaranteed obligation entered into a credit guarantee agreement on the obligation to repay the principal and interest of facility funds (hereinafter “the instant credit guarantee agreement”) with the same Defendant from the Korean bank (hereinafter “Korea bank”). On the same day, Defendant B guaranteed all the obligations owed by Defendant A to the Plaintiff under the instant credit guarantee agreement.

In the credit guarantee agreement of this case, Defendant A paid guarantee fees and additional guarantee fees to the Plaintiff, and when the Plaintiff fulfilled the guaranteed obligation under the credit guarantee agreement of this case, Defendant A determined to pay the amount of the guaranteed obligation, damages for delay in accordance with the interest rate determined by the Plaintiff, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right

Based on the instant credit guarantee agreement, on November 22, 2012, the Plaintiff issued to Defendant A a guarantee number E, the guaranteed amount of KRW 1,100,000,000, and the guarantee term of November 20, 2020, and Defendant A issued the said guarantee term.