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(영문) 부산지방법원동부지원 2017.09.12 2017가단207279
구상금
Text

1. As to KRW 68,046,487 and KRW 67,916,553 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 23, 2016 to April 17, 2017.

Reasons

1. Facts of recognition;

A. On September 11, 2008, the Plaintiff entered into a credit guarantee agreement with the Defendant, setting the credit guarantee amount of KRW 32,000,000, and the guarantee period from September 11, 2008 to September 10, 2009, which guarantees the Defendant’s obligation of loans to the Defendant’s National Bank (hereinafter “National Bank”) (hereinafter “Credit Guarantee Agreement”).

On September 11, 2008, the Defendant borrowed KRW 40,000,00 from a national bank as collateral a credit guarantee certificate issued by the Plaintiff pursuant to the first credit guarantee agreement.

B. On December 30, 2008, the Plaintiff entered into a credit guarantee agreement with the Defendant to guarantee the Defendant’s obligation of loans to the Defendant’s national bank (hereinafter “second credit guarantee agreement”) by setting the guarantee amount of KRW 38,000,000, and the guarantee period from December 30, 2008 to December 29, 2009.

On December 31, 2008, the Defendant borrowed KRW 40,000,00 from a national bank as collateral a credit guarantee certificate issued by the Plaintiff pursuant to the second credit guarantee agreement.

C. When a credit guarantee accident occurred due to the Defendant’s delinquency of interest on May 31, 2016, the national bank filed a claim against the Plaintiff for the performance of the guaranteed obligation. On November 23, 2016, the Plaintiff subrogated to the national bank for the payment of KRW 33,080,655 (= principal interest of KRW 1,080,000) out of the principal and interest of KRW 32,000,000 pursuant to the first credit guarantee agreement, and pursuant to the second credit guarantee agreement, 34,888,988 out of the principal and interest of KRW 34,00,000 (= interest of KRW 88,9888) on December 31, 2008.

On November 23, 2016, the Plaintiff recovered KRW 53,090 from the Defendant out of the subrogated amount under the first credit guarantee agreement.

On the other hand, when the plaintiff fulfilled the guaranteed obligation at the time of the first and second credit guarantee agreement, the defendant shall pay to the plaintiff a penalty calculated by multiplying the amount of the performance of the guaranteed obligation and the amount of the confirmed damages calculated by multiplying the remainder by the rate of delay damages determined by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment, by the rate calculated by adding 0.

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