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(영문) 수원지방법원성남지원 2017.07.12 2016가단28735
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,732,066 and the interest rate of KRW 15% per annum from December 17, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 21, 201, C Co., Ltd. (hereinafter “Nonindicted Company”) established a credit guarantee agreement between the Korea Technology Finance Corporation and the Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) to guarantee the performance of each of the above credit guarantee agreements (hereinafter “the credit guarantee agreement and agreement”) by between the creditor bank and the Korea Technology Finance Corporation until March 21, 2012 (by March 20, 2015, the guarantee period of KRW 17,000,000, and the guarantee period of KRW 27,000,000, and the guarantee period of KRW 25,50,000,000 until March 21, 2012).

B. At the time of the conclusion of the instant credit guarantee agreement, the Plaintiff and the Defendant agreed to pay additional guarantee fees, legal procedure costs, etc. when the Korea Technology Credit Guarantee Fund jointly and severally guaranteed the liability for indemnity against the non-party company arising from the performance of the guaranteed obligation under the instant credit guarantee agreement by the Korea Technology Credit Guarantee Fund.

C. On March 21, 2015, a credit guarantee accident under the instant credit guarantee agreement occurred due to the loss of the benefit of time for each of the above loans as principal and interest due to the occurrence of the said credit guarantee accident. The Korea Technology Credit Guarantee Fund subrogated to the bank of Korea for KRW 41,804,532 in total of the principal and interest of each of the loans of a non-party company on June 23, 2015 pursuant to the instant credit guarantee agreement.

The Korea Technology Credit Guarantee Fund shall issue a payment order against the Plaintiff and the Defendant, the primary debtor of the instant credit guarantee agreement, seeking reimbursement for indemnity, additional guarantee fees, and legal procedural costs, as the Suwon District Court 2015 tea 9710.

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