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(영문) 대구지방법원 2015.11.20 2015가단117056
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 170,023,152 out of KRW 414,626,592 and the said money. From June 26, 2014.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).

(i)A loan from the Industrial Bank of Korea and the Small and Medium Business Corporation shall be provided with a credit guarantee by entering into an agreement as listed below. In the event that the Plaintiff has performed a guaranteed obligation, an agreement shall be made to pay the amount of subrogation performed by the Plaintiff, damages for delay after the date of subrogation calculated at an annual interest rate of 12% with respect to the amount of subrogation performed by the Plaintiff, and other expenses incurred by the Plaintiff in relation to the legal procedure and expenses

(2) On March 29, 2011, the first credit guarantee agreement No. 1 on March 29, 201, No. 1010, the credit guarantee agreement No. 1, 2000,000 won, which was issued a letter of credit guarantee agreement, was issued. Defendant B guaranteed all the obligations owed by Defendant A to the Plaintiff pursuant to the credit guarantee agreement of this case.

3) The Defendant submitted the above credit guarantee statement issued by the Plaintiff, and received loans from the Industrial Bank of Korea and the Small and Medium Business Corporation as listed below. The amount of loans extended from the loan date of the lending institution was modified as stated below in the credit guarantee agreement of 200,000,000 won for the Small and Medium Business Start-up Enterprise Support Fund of 200,000 on March 31, 2010.

On March 29, 2010, the credit guarantee principal guarantee term of the letter of credit guarantee agreement : C 180,000,000 won on March 27, 2015, December 28, 2010, D 238,500,000 won on December 27, 2018, Defendant A lost the benefit under the period of December 22, 2014; and Defendant A did not thereafter pay the principal and interest thereof.

Accordingly, pursuant to the credit guarantee agreement of this case, the Plaintiff paid the principal and interest of loan to Defendant A as indicated below.

the date of payment by subrogation.

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