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(영문) 부산지방법원 2015.02.04 2014가단203799

1. The defendants jointly and severally with the plaintiff 55,437,692 won and 463,673,318 won among them.


1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement and entered into a loan agreement has guaranteed the following four guarantees in order to secure the payment of principal and interest in obtaining a loan from a company bank or a Daegu bank in the 20th century with the guarantee request of a company specializing in the electricity industry in the 20th century (hereinafter “electric industry”). The electricity industry in the 20th century received a loan from each of the above banks under the credit guarantee agreement.

On June 28, 2004, 1 - June 21, 2013, 42,000,000 won (the later 40,000,000 won) on June 21, 2013, corporate banks TBG-204-0102 on September 6, 2004 - Corporate Bank TBG-200,000,000 won on August 30, 2013 - Corporate Bank TBG-204-04-01379 on June 29, 2007 - Daegu Bank TBG-20,00,000 won on June 21, 2013 - Daegu Bank TBB-20,000 won on April 207 30, 2005, 2007, 3005, 2007, 3005,2007

B. 1) Upon the occurrence of a credit guarantee accident on March 12, 2013 due to the default of the 2013 Electric Industry, the said bank filed a claim for the performance of the guaranteed obligation against the Plaintiff. Accordingly, the Plaintiff subrogated 631,043,38 won to the Daegu Bank on March 29, 2013, and 91,459,091 won to the corporate bank on April 4, 2013, respectively. 2) According to the credit guarantee agreement between the Plaintiff and the 201st century electric industry, when the Plaintiff subrogated for the guaranteed obligation, the payment of damages for delay is to be made at the interest rate determined by the Plaintiff from the date of subrogation to the date of full payment. The interest rate is 12% per annum since March 29, 2013, the first payment date.

The Plaintiff collected 142,00,000 won, 142,000 won, 40,213,020 won, 39,853,610 won, 285,000 won, 51,246,071 won, 360,000 won, 360,000 won, 285,000,000 won, 285,000,000 won, 428,00,000 won, 285,00,000 won, 265,000,000 won, 265,000 won, 2675,279,769,75,769,767,79,000 won, from March 29, 2013; and