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(영문) 대구지방법원 2020.05.20 2019나306237
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On March 29, 2006, the Plaintiff Company C (previous trade name: D: hereinafter “C”) on March 29, 2006

(B) In addition, C has concluded a credit guarantee agreement between March 29, 2006 and March 28, 2007, providing a credit guarantee agreement between March 29, 2006 and March 28, 2007 (hereinafter referred to as “credit guarantee agreement”).

2) The Defendant and C representative director G (Defendant’s punishment) were jointly and severally guaranteed for C’s obligations arising out of the aforementioned 1 credit guarantee agreement.

3) The aforementioned credit guarantee agreement extended the guarantee term on a yearly basis by June 19, 2015, and the Defendant also signed or sealed the guarantee term (the guarantee term) change form (the guarantee term) or consented thereto. (B) On July 20, 209 and July 20, 2009, the Plaintiff concluded a credit guarantee agreement setting forth the guarantee term by July 19, 2017 as follows: (a) the Plaintiff borrowed a loan of KRW 450 million from an enterprise bank for local restructuring facilities funds; and (b) C obtained a loan of KRW 450 million from the enterprise bank; and (c) the guarantee term by July 19, 2017.

2) On October 29, 2014, the Plaintiff paid for the guaranteed debt amounting to KRW 203,978,169, and KRW 273,495,205 under the first credit guarantee agreement, respectively, to an enterprise bank on the ground that C was unable to repay its loans to an enterprise bank pursuant to the said credit guarantee agreement.

2) The Plaintiff recovered 87,058,436 won from C out of the amount of subrogated payment under the above 1 credit guarantee agreement, and the amount of finalized damages (the period from the date of subrogated payment to the date of recovery) for the aforementioned recovered amount is KRW 4,268,56.3) The amount of overdue charge to be recovered by the Plaintiff pursuant to the 2 credit guarantee agreement is KRW 180 and the amount of penalty is KRW 1,429,150.

4 The rate of delay damages determined by the Plaintiff’s respective credit guarantee agreements shall be 12% per annum from December 1, 2012 to January 31, 2016 and from February 1, 2016.

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