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(영문) 서울중앙지방법원 2018.04.27 2017가단5200507
구상금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff between the Plaintiff and B entered into a guarantee agreement between B and B with the effect that, in order to guarantee the repayment of the principal and interest of loan, B shall guarantee the Bank under the Korea Technology Finance Corporation Act for the guarantee period within the limit of the guaranteed amount in order to secure the repayment of the principal and interest of loan, and where the Plaintiff performed the guaranteed obligation on behalf of B on behalf of the Bank, B entered into a guarantee agreement with the effect that (i) the amount paid by the Plaintiff on behalf of the Plaintiff and the damages for delay from the payment date to the full payment date; (ii) additional guarantee fees based on the rate calculated by adding the guarantee fee rate prescribed by the Plaintiff’s application rate from the date following the expiration date of the due date on which the guarantee fee for the terminated principal is paid to the date immediately preceding the payment date to the date on which the payment date is made; and (iii) the Plaintiff shall pay all the incidental obligations such as

B. B’s loan 1) On July 11, 2013, the Plaintiff issued a letter of guarantee (guarantee No. D) on July 10, 2014 with respect to the principal and interest of KRW 100 million for a corporate ordinary driving loan to be borrowed from a bank, based on the said guarantee agreement. B received the said guarantee from the bank on July 12, 2013 as a collateral for a corporate ordinary driving loan of KRW 100 million (hereinafter “first loan”). On June 18, 2014, the Plaintiff extended the term of guarantee to July 7, 2017.2) The Plaintiff received the said guarantee agreement on the principal and interest of KRW 90 million for a corporate driving loan of KRW 100,000,000 and KRW 100,000 for a loan of KRW 100,000 from the bank (hereinafter “the term of guarantee No. 2718, Jun. 26, 2015”).

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