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(영문) 서울중앙지방법원 2018.10.17 2017나47795
구상금 등 청구의 소
Text

1. Upon receiving a claim for change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 42,830,476, as well as objection thereto.

Reasons

1. Basic facts

A. 1) On October 24, 2013, the Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) provides a credit guarantee agreement between the Plaintiff and the Plaintiff on a credit guarantee agreement between the Plaintiff and the Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) that guarantees the Plaintiff’s loan of small and medium enterprise funds from financial institutions at the rate of KRW 63,750,00,00 of the guaranteed principal, and October 24, 2014 of the guaranteed period (the subsequent guarantee period was changed on October 23,

The credit guarantee agreement of this case is referred to as the "credit guarantee agreement of this case"

The Plaintiff entered into a credit guarantee agreement of this case, and pursuant to the credit guarantee agreement of this case, the Plaintiff is the Industrial Bank of Korea (hereinafter “Corporate Bank”).

(2) A loan of KRW 75,000,000 from 75,000 (hereinafter “instant loan”).

(2) The Korea Technology Finance Corporation and the Plaintiff agreed to compensate the Korea Technology Finance Corporation in advance at the time of the conclusion of the credit guarantee agreement in this case, when the Plaintiff applied for commencement of individual rehabilitation procedures, closure of business, etc. In the event that the Korea Technology Finance Corporation performs the guaranteed obligation, (1) the amount of performance of the guaranteed obligation, (2) the ratio of the amount of performance of the guaranteed obligation to the Korea Technology Finance Corporation as determined by the calculation method, (3) the expenses incurred in the performance of the guaranteed obligation, (4) the expenses incurred in the preservation of the right acquired through the performance of the guaranteed obligation, etc. The amount of damages determined by the Korea Technology Finance Corporation shall be 12% per annum from December 1, 2012.

3. The business run by the Plaintiff on March 12, 2015 is discontinued, and the same year is discontinued.

4. 22. The guaranteed incident for individual rehabilitation occurred (the Plaintiff’s application for individual rehabilitation was dismissed on July 14, 2015), the Korea Technology Finance Corporation subrogated 64,695,817 won to a corporate bank on June 11, 2015, and collected 8,419 won on the same day, and the amount that the Korea Technology Finance Corporation still has yet to recover is 64,687,398 won, and the amount recovered is 2 won.

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