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(영문) 부산지방법원 2019.12.10 2018가단333100
구상금
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 48,561,818 and KRW 43,551,915 among them.

Reasons

1. Facts of recognition;

A. (1) On August 24, 2010, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Plaintiff on August 23, 2011 (finally extended by August 17, 2018), the guaranteed amount of KRW 50,00,000, with the guarantee number D’s credit guarantee certificate issued by the Plaintiff, and received a loan under the pretext of general funds loans.

The Plaintiff and the Defendants agreed to pay to the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount of the performance of the guaranteed obligation and the rate prescribed by the new report (10% per annum from February 1, 2016 to the date of repayment of the guaranteed obligation) when the Plaintiff fulfilled the said credit guarantee obligation pursuant to Article 10 of the Credit Guarantee Agreement, and also the expenses incurred in the legal procedure, such as the preservation, transfer, and exercise of the rights acquired by the Plaintiff from the performance of the guaranteed obligation.

On the other hand, around June 26, 2018, the Defendant Company caused a credit guarantee accident by failing to pay interest on the agreed date, etc. In accordance with the Defendant Company’s request for the performance of the guaranteed obligation, the Plaintiff subrogated the Non-Party Bank to pay the principal and interest of KRW 43,551,915 (principal principal interest of KRW 42,50,000,051,915) on behalf of the Non-Party Bank on October 17, 2018, and paid KRW 285,953 at the legal procedure cost to preserve the claim for reimbursement.

And according to Article 34 of the Credit Guarantee Fund Act and Article 3 of the Credit Guarantee Agreement, when the defendant company fails to perform its principal obligation within the guarantee period and the plaintiff's obligation to perform its guaranteed obligation is not cancelled, the defendant company agreed to pay the additional guarantee fee in accordance with the prescribed rate and calculation method as determined by the plaintiff.

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