logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.12 2016가단535094
구상금
Text

1. The defendant shall be jointly and severally with the non-party B Co., Ltd. and the plaintiff KRW 289,441,782 and KRW 200,661,558.

Reasons

1. Facts of recognition;

A. On June 30, 2010, the Plaintiff entered into a credit guarantee agreement between B and the National Agricultural Cooperative Federation (hereinafter “CF”) with respect to the loan obligations owed by B to B (hereinafter “B”), which is set forth as the guaranteed amount of KRW 315,00,000,00 and the guarantee term as of June 29, 2015 (hereinafter “credit guarantee agreement”). At the time of the said credit guarantee agreement, the Defendant and C, the representative director of B, and the Plaintiff, as of the above credit guarantee agreement, jointly and severally guaranteed all the obligations, including the indemnity obligation, to be borne by the Plaintiff under the said credit guarantee agreement.

B. In the instant credit guarantee agreement, when the Plaintiff fulfilled a guaranteed obligation, the Plaintiff determined that B reimburses the Plaintiff of the amount of the performance of the guaranteed obligation and the amount of damages calculated by the percentage determined by the Plaintiff (12% per annum from December 1, 2012, and 10% per annum from February 1, 2016) from the date of the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance

C. B on June 30, 2010, issued a credit guarantee certificate under the instant credit guarantee agreement with the Plaintiff and received loans of KRW 350,000,000 from the National Agricultural Cooperative Federation.

On October 30, 2013, the Plaintiff subrogated for KRW 320,165,136 to the NAF on behalf of the Plaintiff due to default of interest on loan obligations.

(13) On March 24, 2014, B paid KRW 3,60,00, 00, 000, 673, 757, and 22.31, 877, 925 on November 22, 2013, and ③ KRW 3,60,000 on March 24, 2014, and KRW 6,750,00 on May 25, 2014; and ⑤ KRW 00,00, 00 on June 30, 200, 7, 200, 000, 00, 7,000, 8,000, 8,000, 8,000, 8,000, 8,000, 8,000, 80,000 won, 8,000 won on May 30, 2014;

(f) B 569,580 won in penalty, overdue charge 59,040 won, as the guaranteed amount is not repaid within the credit guarantee period.

arrow