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(영문) 서울중앙지방법원 2014.11.27 2014가단5226225
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 774,931,042 and KRW 772,847,755 from July 29, 2014.

Reasons

1. Fact that he/she has no dispute;

A. The Plaintiff is a non-profit special corporation established under the Korea Technology Credit Guarantee Fund Act to contribute to the development of national economy by guaranteeing the obligation owed by an enterprise which lacks security power to a financial institution and by facilitating its financing.

B. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

In addition, the defendant company entered into a credit guarantee agreement with the Industrial Bank of Korea on June 27, 2005 to guarantee the repayment of principal and interest of the loan within the limit of the amount guaranteed by the Korea Technology Credit Guarantee Fund. In the event that the plaintiff performed the credit guarantee obligation with the above bank on behalf of the defendant company, the defendant company entered into a credit guarantee agreement with the purport that ① the plaintiff's payment of the principal and interest of the loan to be made by the above bank within the limit of the amount guaranteed by the Korea Technology Credit Guarantee Fund Act, ② damages for delay based on the plaintiff's payment rate from the payment date to the full payment date, ② additional guarantee fees based on the rate of the guarantee fee applied from the date following the expiration date of the payment due date until the payment date of the guaranteed principal and interest, ③ additional guarantee fees calculated by adding the rate of the guarantee fee applied to the plaintiff's payment date to the payment date until the payment date of the guaranteed principal and interest, and ③ all incidental obligations such as legal procedure expenses paid by the plaintiff to execute or preserve the guaranteed obligation.

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