logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.06.14 2017가단546763
구상금
Text

1. The Defendant’s annual period from September 25, 2017 to December 19, 2017, as to KRW 115,314,492 and KRW 115,312,847 among the Plaintiff.

Reasons

1. Basic facts

A. On July 17, 2015, the Plaintiff entered into a credit guarantee agreement with the non-party company B (hereinafter referred to as “non-party company”), setting the guarantee principal to be KRW 81,00,000,000, and the guarantee period from July 17, 2015 to July 17, 2020. On December 7, 2015, the Plaintiff entered into a guarantee agreement with each of the credit guarantee agreements (hereinafter referred to as “each of the instant agreements”) with the guarantee principal to provide loans to the Industrial Bank of Korea to the non-party company from December 7, 2015 to December 4, 2017.

In addition, at the time of the conclusion of each contract of this case, the defendant jointly and severally guaranteed the non-party company's liability for indemnity.

B. According to each of the instant agreements, where the Plaintiff performed the guaranteed obligation under each of the instant agreements, the non-party company shall pay to the Plaintiff all of its incidental obligations, such as the amount subrogated by the Plaintiff, damages on behalf of the Plaintiff after the date of subrogation, damages incurred in the performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, additional guarantee fees calculated by adding a certain percentage to the final applicable guarantee fee rate from the date following the date of payment of the deposit for the amount not terminated to the date following the date of termination of the guaranteed obligation, and other legal procedure expenses incurred by the Plaintiff for delay on behalf of the Plaintiff under each of the instant agreements. The interest rate for delay on the Plaintiff’s subrogation

C. On September 7, 2017, Nonparty Company lost the benefit of time for the instant loan, and accordingly, the Industrial Bank of Korea notified the Plaintiff of the credit guarantee accident.

Accordingly, on September 25, 2017, the Plaintiff repaid KRW 120,320,067 of the principal and interest of the instant loan to the Industrial Bank of Korea on behalf of Nonparty Company.

On the other hand, the Plaintiff recovered KRW 5,007,220 on the day of the payment by subrogation, and 1,645 won on the amount collected by the Plaintiff as a final damages per day.

arrow