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(영문) 대구지방법원 2018.04.03 2016가단102938
구상금 등
Text

1. As to KRW 22,463,212 and KRW 22,004,32 among the Plaintiff, Defendant A shall make a duplicate of the instant complaint from December 15, 2015.

Reasons

1. Basic facts

A. (1) Defendant A is the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) on May 13, 2010.

() A loan contract with KRW 30,00,000 was entered into with the Plaintiff. On the same day, the Plaintiff entered into a credit guarantee agreement with the Defendant A to guarantee the amount to be loaned by the Defendant under the Regional Credit Guarantee Foundation, and issued the following credit guarantee statement to the Daegu Bank. The guarantee number: KRW 25,50,000 (credit rate: 85%) guarantee period: May 11, 2011 after the last change before and after the D amendment, the guarantee period was 30,000,000 won on May 6, 201, 201, and KRW 25,50,000,000 guaranteed amount KRW 25,50,000 guaranteed amount and KRW 21,675,000 guaranteed amount, and KRW 25,675,000 guaranteed amount and KRW 25,50,000,000, and the Plaintiff and the Defendant changed the terms and conditions of the credit guarantee agreement to the Plaintiff and the Defendant:

3) After the conclusion of the above guarantee agreement, the Plaintiff agreed to pay the Plaintiff the sum of the principal of the guaranteed loan, the amount of accrued interest in accordance with the interest rate applicable to the event that the due date for the repayment of the guaranteed loan has not yet arrived until the guaranteed principal was discharged, and the expenses paid by the Daegu Bank to recover the guaranteed loan, which were prescribed in the Plaintiff’s articles of incorporation and its operating manual. 4) In the event the Plaintiff performed the guaranteed obligation, the Defendant agreed to pay the Plaintiff losses in addition to the amount of the guaranteed obligation, and other expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s rights, in addition to the amount of the guaranteed obligation.

5) Meanwhile, the rate of damages determined by the Foundation’s articles of incorporation is 12% per annum from August 1, 2013. (B) The Plaintiff’s subrogation and the occurrence of other claims is 1) as to the occurrence of a credit guarantee accident caused by the registration of credit management information (including national taxes in arrears) on September 30, 2015, the Plaintiff subrogated the Daegu Bank for KRW 22,004,322 in relation to the said agreement on December 15, 2015.

2. As to the above arrangement.

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