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(영문) 대구지방법원 2021.01.20 2020가단110110
구상금 등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 83,770,305 and KRW 83,770,193 among them.

Reasons

1. Facts of recognition;

A. (1) The Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) concluded a contract with D Co., Ltd. (hereinafter referred to as “D”) for general loans for driving capital of KRW 44,00,000 on March 24, 2017 (hereinafter referred to as “assumpt 1”) and a contract for general loans for operating capital of KRW 56,000,000 on March 27, 2017 (hereinafter referred to as “assum 2 agreement”).

The Plaintiff entered into a credit guarantee agreement with the Defendant Company in accordance with the Regional Credit Guarantee Foundation Act, and issued a credit guarantee certificate with the following contents in D respectively:

- - Other

L - On March 23, 2018, on March 24, 2017, on March 27, 2017, 2017, KRW 37,400,00 (the rate of guarantee: 85%) 47,60,000 (the rate of guarantee is changed to KRW 45,000 after 85%, and it is changed to September 18, 2020) under the guarantee term (the rate of guarantee is changed to KRW 45,050,00) for the guarantee term of approximately 1: 2. Around 23, 2018 (the subsequent change to September 18, 2020), Defendant B guaranteed all the obligations owed by the Defendant Company to the Plaintiff in relation to each of the credit guarantee agreements concluded between the Defendant Company and the Plaintiff.

According to the above guarantee agreement, in the event of an accident, the Plaintiff agreed to pay on behalf of the Plaintiff the total sum of the amounts prescribed in the articles of incorporation and work process of the Foundation, among the principal of the guaranteed unit within the scope of the principal and the principal of the guaranteed unit in the event that the due date for the withdrawal of the guaranteed unit has not yet arrived until the performance of the guaranteed obligation.

In the event that the Plaintiff performs each of the above guaranteed obligations, the Defendant Company and the Defendant B agreed to pay to the Plaintiff damages according to the interest rate set by the Plaintiff’s articles of incorporation after the date of performance, expenses incurred in paying damages and other expenses incurred in preserving, transferring, and exercising the Plaintiff’s rights.

On the other hand, the rate of damages prescribed by the articles of incorporation of the Foundation is 10% per annum from January 1, 2018.

(3) The Defendant Company on October 30, 2019.

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