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(영문) 부산지방법원동부지원 2016.06.23 2016가합101289
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 685,403,153 and KRW 347,613,141 among them.

Reasons

1. Facts of recognition;

A. Credit Guarantee and Loan 1) The Korea Technology Credit Guarantee Fund and Defendant A were extended from April 27, 2001 to April 27, 2002 from April 2001 to April 27, 2002 under the joint and several sureties’s credit guarantee principal of the credit guarantee principal of the Defendant B and C, and the credit guarantee period of the credit guarantee (this was extended to April 27, 2005 thereafter).

Defendant A entered into a credit guarantee agreement with the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) on April 30, 2001.

(2) The Korea Technology Credit Guarantee Fund and Defendant A entered into a credit guarantee agreement on March 21, 2002 with the credit guarantee principal 170,000,000 won and the credit guarantee period from March 21, 2002 to March 21, 2003 (the period extended from March 21, 2005 to March 21, 2005). Defendant A borrowed 200,000,000 won as collateral from the Korea Technology Credit Guarantee Fund (hereinafter “National Bank”) on March 21, 202.

3) According to each credit guarantee agreement, when the Korea Technology Credit Guarantee Fund performs its guaranteed obligations, Defendant A agreed to pay the amount of its guaranteed obligations and 14% per annum until the date on which three months have elapsed from the date of its performance, and damages for delay calculated at the rate of 16% per annum from the following day to the Korea Technology Credit Guarantee Fund. (B) Upon the occurrence of subrogation and indemnity claims, Defendant A delayed the payment of the principal and interest of loans to Daegu Bank and the Korean Technology Credit Guarantee Fund, the Korea Technology Credit Guarantee Fund filed a lawsuit against the Defendants for reimbursement of 173,361,059 (the principal and interest of loans 170,000,000,000, 361,059), and the principal and interest of loans 174,650,082 (the principal and interest of loans 170,000,000,000,000,000,000,071,727).

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