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(영문) 대구지방법원 2019.08.28 2017나306851
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 4,722,799 won to the plaintiff.

2...

Reasons

1. Basic facts

A. On August 30, 2007, the Plaintiff entered into a credit guarantee agreement between B and B with the credit guarantee principal of KRW 238,000,000, the guarantee period from August 30, 2007 to August 29, 2008 (the extension to December 21, 2015) and the creditor D bank, and the credit guarantee agreement with the type of credit guarantee loans (hereinafter “credit guarantee agreement in this case”). On the same day, the Defendant jointly and severally guaranteed all obligations owed to the Plaintiff pursuant to the credit guarantee agreement in this case.

On the same day, the Defendant set up a collateral on the same day with respect to the Plaintiff’s Daegu Suwon-gu F 242.2m2m2 and multi-household housing on its ground (hereinafter “instant real estate”) with respect to multi-household housing owned by the Defendant as a collateral for the said joint and several liability obligations, which is the maximum debt amount of KRW 285,00,000, the debtor B, and the Plaintiff as a mortgagee.

On the other hand, the part relating to the instant credit guarantee agreement is as follows.

Article 3 (Payment of Guarantee Fees, etc.) If the principal fails to discharge the principal obligation within the due date for the discharge of the principal obligation, the rate of guarantee fee for the amount guaranteed which has not been performed out of the guaranteed obligation is 1.2%, and the rate of penalty is 1.7%.

shall be paid for penalty calculated by multiplying the rate of 0.5% per annum by the rate.

Article 10 (Scope of Repayment) When new instructions have fulfilled guaranteed obligations, the principal and the joint guarantor shall immediately repay the following amounts:

1. Amount of discharge of surety obligations:

2. Damages calculated by multiplying the amount referred to in subparagraph 1 by the rate determined by the new report from the date on which the obligation is discharged to the date of repayment;

5. The unpaid guarantee fees, delayed guarantee fees, penalty and the joint and several sureties shall also pay the following expenses paid on behalf of the new guarantor and the damages for delay calculated by multiplying them by the rate as determined by the new guarantor:

2. When the expenses required for the execution, preservation (including termination), exercise and legal proceedings of the credit are insufficient to extinguish the full amount of the credit by the principal and the joint guarantor under Article 12.

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