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(영문) 서울동부지방법원 2019.04.05 2018가단19096
구상금
Text

1. The Defendants’ respective KRW 30,475,779 and each of the said amounts to the Plaintiff are 15% per annum from September 1, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. Under a credit guarantee agreement with D, the Korea Technology Credit Guarantee Fund (hereinafter referred to as the “Technology Credit Guarantee Fund”) provided a credit guarantee for three loans as follows:

① The obligation of repayment of principal and interest to be borne by obtaining a loan equivalent to the above amount of corporate driving funds from E Bank on April 30, 1991 (hereinafter “one guarantee obligation”) ② (2) on June 28, 1993, the guaranteed principal and interest KRW 50 million, the guaranteed term of credit guarantee amount of KRW 45 million, and the guaranteed term of April 26, 1992 (amended to April 26, 1994) (hereinafter “the guaranteed principal and interest”)

B. According to the above credit guarantee agreement, when the technology credit guarantee company performs the above guarantee obligation, D agrees to pay to the technology credit for all the incidental obligations, including the amount of subrogated payment made by the technology credit guarantee company for the performance and damages for delay calculated by the rate of damages as prescribed by the technology credit from the payment date to the full payment date, and the Defendants jointly and severally guaranteed all the obligations for the technology credit guarantee under the respective credit guarantee agreement for the above 1 to 3 guarantee cases.

C. D’s technical credit that did not repay each of the above loans on behalf of the Plaintiff, Defendant B, and D on September 18, 2007 by filing a claim for reimbursement against the Plaintiff, Defendant B, and D (Seoul Central District Court Decision 2007Da120621) and filing a claim for reimbursement against the Plaintiff, Defendant B, and the Plaintiff’s interest in arrears for KRW 155,396,170, jointly and severally between D and Defendant B, and for KRW 88,965,565,565 among them, and the Plaintiff and Defendant.

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