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(영문) 대구지방법원 서부지원 2018.04.18 2017가단60823
구상금
Text

1. The Defendant’s annual period from June 27, 2017 to October 25, 2017, as to KRW 34,73,129 and KRW 34,576,639 among the Plaintiff.

Reasons

1. Basic facts

A. On April 16, 2008, the Defendant (hereinafter “Defendant”) entered into a credit guarantee agreement with the Plaintiff and the credit guarantee principal amounting to KRW 42,50,000 (hereinafter “the credit guarantee agreement in this case”). On April 15, 2009, the Defendant issued a credit guarantee agreement with the Plaintiff on April 15, 2009, the method of guarantee, individual guarantee, general loan of loan, general loan of loan, loan amounting to KRW 50,00,000, and the credit guarantee amounting to KRW 85%, and C, the representative director of the Defendant Company, as at the time, guaranteed all of the Defendant’s obligations to the Plaintiff under the credit guarantee agreement.

On April 17, 2008, the Defendant was granted a loan of KRW 50 million from the Daegu Bank Co., Ltd. on the basis of the credit guarantee certificate issued by the Plaintiff.

B. Meanwhile, the Plaintiff and the Defendant changed the credit guarantee conditions on eight occasions from April 14, 2009 to April 4, 2016, and the final changed contents are as follows.

D After the last change before and after April 15, 2009, the term of guarantee was 50,000,000 won in the estimated amount of loans of 42,50,000,000 won in April 7, 2017.

C. On February 18, 2017, the Defendant caused a guarantee accident where the payment of principal and interest of loan was delayed. The Plaintiff subrogated KRW 34,576,639 to the Daegu Bank on June 27, 2017 upon the request for the performance of the guaranteed obligation of the Daegu Bank. The Plaintiff paid KRW 156,490 to the Daegu Bank.

According to the credit guarantee agreement of this case, where the defendant company pays the loan, which is the principal obligation by the plaintiff's guarantee, to the Nonghyup Bank within the due date or loses the due date, and the plaintiff discharges the guaranteed obligation to the Nonghyup Bank, the defendant shall pay to the plaintiff the amount of the performance of the guaranteed obligation and the damages for delay calculated at the rate of the plaintiff's prescribed damages for delay from the due date to the due date of the repayment,

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