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(영문) 창원지방법원 진주지원 2018.01.26 2017가단36532
구상금
Text

1. The Defendant’s KRW 803,512,391 among the Plaintiff and KRW 803,511,481 among the Plaintiff, shall be from January 24, 2017 to August 22, 2017.

Reasons

1. Facts of recognition;

A. On April 19, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement in this case”) with B Co., Ltd. (hereinafter “B”), setting the credit guarantee principal of KRW 800,000,000 and the credit guarantee period from April 19, 2013 to April 18, 2018. At the time, the Defendant, who was the representative director of the said company, was jointly and severally liable for the obligation under the said credit guarantee agreement with the Plaintiff.

B. At the time of the instant credit guarantee agreement, the non-party company and the Defendant agreed that “if the Plaintiff has performed the guaranteed obligation, the non-party company and the joint guarantor shall immediately pay to the Plaintiff the amount of performance of the guaranteed obligation, damages calculated by multiplying the said amount by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment 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, unpaid guarantee fees, delayed guarantee fees, penalty, etc.” The overdue interest rate determined by

C. In accordance with the instant credit guarantee agreement, on April 19, 2013, the non-party company obtained a loan of KRW 800,000 from our bank (hereinafter “Korea bank”), and on November 19, 2016, our bank notified the Plaintiff of the occurrence of a credit guarantee accident on November 30, 2016.

On January 24, 2017, according to the instant credit guarantee agreement, the Plaintiff repaid 804,862,837 won of the principal and interest of loans to our bank, recovered 1,351,356 won, and incurred 910 won of the finalized damages.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant shall compensate the Plaintiff for the final amount of KRW 803,512,391 [=principal amount of KRW 803,511,481} (==804,862,837 KRW - 1,351,356].

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