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(영문) 대전지방법원천안지원 2012.07.19 2011가단24988
구상금
Text

1. The Plaintiff:

A. Defendant A agricultural partnership and B shall jointly and severally engage in KRW 4,311,984 and its related matters from September 6, 2011.

Reasons

1. Basic facts

A. On June 24, 2010, the Plaintiff entered into a guarantee agreement between the Plaintiff and the Defendant corporation with the content that the Defendant corporation’s debt incurred by receiving a loan from the Industrial Bank of Korea (hereinafter “Corporate Bank”) shall be KRW 50 million, and the term of the guarantee shall be fixed and guaranteed until June 23, 2011 (hereinafter “guarantee Agreement between the Plaintiff and the Defendant Corporation”). Defendant B and D jointly and severally guaranteed the Plaintiff’s debt owed to the Defendant corporation based on the guarantee agreement between the Plaintiff and the Defendant corporation.

(2) According to a guarantee agreement between the Plaintiff and the Defendant Corporation (Article 10 and No. 1) (Article 10 and No. 1), if the Plaintiff fulfills the guaranteed obligation, the Defendant Corporation shall pay to the Plaintiff the amount of the Plaintiff’s performance of the guaranteed obligation (Article 10) and the interest rate calculated by the Plaintiff from the date of full payment of the guaranteed obligation to the date of full payment (Article 1) and the expenses incurred in the enforcement, preservation, exercise, and legal procedure

B. Around June 25, 2010, the Defendant Corporation received a loan of KRW 50 million from an enterprise bank, and the Plaintiff guaranteed the above loan obligations to the Defendant Corporation’s enterprise bank under a guarantee agreement between the Plaintiff and the Defendant Corporation.

(hereinafter referred to as the "Agreement on Guarantee between the Plaintiff and the Enterprise Bank".

On October 26, 2010, a credit guarantee accident occurred with a natural body of Defendant corporation, and the Plaintiff repaid KRW 51,216,419 to a corporate bank on March 25, 201 at the request of the corporate bank.

In addition, the plaintiff paid KRW 932,540,00 to the above Defendants' property for the purpose of preserving the execution of the claim for indemnity against the Defendant corporation and B arising therefrom.

Meanwhile, the rate of delay damages determined by the Plaintiff is 15% per annum from March 25, 2011.

On the other hand, this is proceeding with respect to the E- Ma, Sin-gun, 1023 square meters and its ground buildings owned by the defendant corporation.

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