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(영문) 부산지방법원동부지원 2019.02.21 2018가합104572
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally agreed to KRW 301,813,490 and KRW 301,812,994.

Reasons

1. Basic facts

A. When the Plaintiff received a loan from Defendant A Co., Ltd. (hereinafter “Defendant A”), the Plaintiff entered into a credit guarantee agreement as set out in Table 1 attached hereto, and Defendant A, a director in the company of Defendant A, jointly and severally guaranteed the Defendant A’s liability for reimbursement against the Plaintiff.

In addition, when Defendant B obtained a loan from the Industrial Bank of Korea, the Plaintiff entered into a credit guarantee agreement with the following table 1 B.

(hereinafter “each guarantee agreement of this case”). E F ADH G

B. In addition, Defendant A and B received a loan as shown in the table 2 below.

E F AH

C. However, around March 2018, a credit guarantee accident under each of the instant guarantee agreements occurred, and the Plaintiff subrogated as shown below 3 upon the request for performance of each of the guaranteed obligations between D and Industrial Bank of Korea.

EF

D. According to Article 10(1) of each guarantee agreement of this case, when the plaintiff performed the guaranteed obligation, the guaranteed person and the joint guarantor immediately pay to the plaintiff the amount of performance of the guaranteed obligation and the damages for delay calculated at the rate as listed in Table 4 as follows from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation.

E. The plaintiff collected part of the amount of indemnity from the defendant A and appropriated it to the principal, and the balance of the amount of subrogation and the damages for delay for the amount of indemnity recovered are as listed in the table 5 below.

EF

F. According to Article 10 of the Guarantee Agreement concluded between the Plaintiff and the Defendant B and Article 35 of the Credit Guarantee Fund Act, when the Plaintiff fulfilled the guaranteed obligation, the Defendant B who received the guarantee shall immediately pay the Plaintiff penalty in accordance with the rate specified in the table 6 below.

EF

G. According to Article 10 of the Guarantee Agreement between the Plaintiff and the Defendant, the legal procedure costs incurred by the Plaintiff in exercising or preserving the claim for reimbursement against the Defendant B are Defendant B.

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