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(영문) 광주지방법원 2016.04.06 2016가단502994
구상금
Text

1. As to KRW 102,369,08 and KRW 101,750,356 among them, the Defendant and the Plaintiff jointly and severally with the Pampling Co., Ltd.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff of a credit guarantee agreement is a Pampling Co., Ltd. (hereinafter “Pampling”) on September 30, 2014.

(3) The Defendant entered into a credit guarantee agreement with the following contents, and on the same day, the Defendant jointly and severally guaranteed all obligations owed to the Plaintiff in accordance with the said credit guarantee agreement (hereinafter “instant credit guarantee agreement”).

- A - The principal obligor and the joint guarantor shall pay to the lending bank the amount of the performance of the guaranteed obligation and the amount of damages calculated according to the ratio and calculation method set by the Korea Technology Credit Guarantee Fund from the date of performance to the date of performance of the guaranteed obligation if the Korea Technology Credit Guarantee Fund claims the discharge of the guaranteed obligation from the lending bank (including loss of the due date) due to the default of the principal obligation within the due date. The principal obligor and the joint guarantor shall be fully paid the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee and performance guarantee fee. ② The principal obligor and the joint guarantor shall repay all the expenses paid in advance by the Korea Technology Credit Guarantee Fund in connection with the insurance premiums paid in advance by the Korea Technology Credit Guarantee Fund and the procedures for the execution and preservation (including termination) of the guaranteed obligation, and the legal procedure for such payment. 2) The Plaintiff issued a letter of guarantee under the credit guarantee agreement as set forth in the Credit Guarantee Agreement as a credit guarantee principal and the principal of the guarantee in the loans made by the Korean Technology Credit Guarantee Fund to the Korean Technology Credit Guarantee Fund from the Do branch.

3) A claim for reimbursement due to subrogation for a credit guarantee accident: A farm of the principal debtor in receipt of notice of a credit guarantee accident by providing the Plaintiff with a credit guarantee certificate issued by the Plaintiff as collateral, thereby receiving a loan of KRW 100,000,000 from a national bank. A national bank shall be the primary debtor on October 5, 2015 on the ground of this natural body on July 31, 2015.

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