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(영문) 서울중앙지방법원 2014.06.12 2013가합525545
구상금 등 청구의 소
Text

1. Defendant E Co., Ltd is against the Plaintiff Korea Technology Credit Guarantee Fund KRW 269,072,069 and KRW 266,145,849 among them.

Reasons

1. The Bank of Korea (40,000 won) Industrial Bank of Korea (40,000 won) of March 15, 201, the principal of the guaranteed principal (amount of loans) during the period of guarantee (the changed period) from the date of guarantee (the changed period) shall be KRW 144,00,000 on March 15, 201, the Industrial Bank of Korea of March 16, 201 (the Industrial Bank of Korea of KRW 160,000 (the Industrial Bank of Korea of KRW 160,00,000) (the Industrial Bank of Korea of March 15, 2013) of the date of guarantee (the changed period) and KRW 36,00,000 on November 25, 2011 (the date of November 23, 2012).

A. The Plaintiff Technology Credit Guarantee Fund (hereinafter “Plaintiff Credit Guarantee Fund”) concluded a credit guarantee agreement with Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd”) as listed below (hereinafter “Defendant Co., Ltd”) and guaranteed Defendant Co., Ltd’s obligations for loans to the Industrial Bank of Korea.

B. Upon entering into the contract with the Plaintiff Guarantee Fund for each credit guarantee contract, the Defendant Company agreed to pay the amount of the performance of the guaranteed obligation, damages for delay calculated at the rate determined by the Plaintiff Guarantee Fund from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. B and C jointly guaranteed all the obligations the Defendant Company owes to the Plaintiff Guarantee Fund in accordance with the respective credit guarantee agreement

Meanwhile, the rate of delay damages determined by the Plaintiff Guarantee Fund is 14% per annum until November 30, 2012 and 12% per annum from December 1, 2012.

C. On September 26, 2012, the Plaintiff Guarantee Fund, which was initiated by the company reorganization procedure on August 23, 2012, on behalf of the Defendant Company, subrogated to the Bank for the total of KRW 267,313,939 (in lieu of the Defendant Company, KRW 36,259,981, KRW 2,080,572, KRW 85,973,386, which was the credit guarantee agreement of KRW 145,973,386, supra).

After that, the Plaintiff’s Guarantee Fund (hereinafter “Plaintiff’s Guarantee Fund”) is the same as KRW 1,167,290 on September 26, 2012 out of the amount of subrogation under a credit guarantee agreement.

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