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(영문) 부산지방법원동부지원 2020.07.07 2019가단215458
구상금
Text

1. As to KRW 218,152,05 and KRW 216,457,426 among the Plaintiff, Defendant A shall be from December 26, 2018 to March 31, 2019.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is C Co., Ltd. (hereinafter “Nonindicted Company”).

B) As indicated below, a credit guarantee agreement was entered into between the two parties (hereinafter referred to as “instant credit guarantee agreement”) and the credit guarantee agreement set forth in No. 1 and No. 2 set forth in the table below (hereinafter referred to as “instant credit guarantee agreement”).

Defendant A, the representative director of the non-party company, is the joint and several surety (hereinafter “joint and several surety of this case”) for all debts owed by the non-party company to the plaintiff pursuant to the credit guarantee agreement of the first and second of this case.

(1) In the event that the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case on October 19, 2021, D 172,80,000,000 of the term of guarantee extended on the date of guarantee (the original guarantee date), the non-party company and the Defendant A are obliged to pay to the Plaintiff the amount of the Plaintiff’s guaranteed obligation and the amount of damages for delay calculated at the interest rate as determined by the Plaintiff from the date of performance to the date of repayment, and the expenses, etc. paid by the Plaintiff in the legal procedures for the execution, preservation, exercise, and exercise of the Plaintiff’s guaranteed obligation, and the rate of damages for delay incurred by the Plaintiff from February 1, 2016 to March 31, 2019 to April 1, 2019 to August 8, 2019.

B. On October 21, 2016, Nonparty Company F Co., Ltd. (hereinafter “F”)

() A credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement of this case was received as security KRW 216,00,000,000, and KRW 120,000,000 as well as the credit guarantee certificate issued by the Plaintiff pursuant to the credit guarantee agreement of this case. On October 23, 2018, a guarantee accident occurred due to non-party company’s delay in payment of principal and interest. On December 26, 2018, the Plaintiff subrogated to F as stated below. The Plaintiff subrogated to F as follows. The amount of the principal of subrogation by subrogation (won).

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