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(영문) 서울중앙지방법원 2015.05.13 2014가단5264326
구상금등 청구의 소
Text

1. As to KRW 42,957,826 and KRW 42,701,80 among the Plaintiff, Defendant A’s year from September 2, 2014 to September 30, 2014.

Reasons

1. Facts of recognition;

A. On August 23, 2007, the Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with respect to the obligation to receive a loan from the bank of Korea (hereinafter referred to as the “foreign bank”). Defendant A submitted a guarantee certificate issued under the said credit guarantee agreement on August 23, 2007 and obtained a loan of KRW 50,000,000 from the non-party bank.

B. In addition, on March 11, 2009, the Plaintiff and Defendant A entered into a credit guarantee contract (hereinafter “instant credit guarantee contract”) with the guaranteed principal of KRW 32,500,000, and the guarantee period until March 10, 2010 (the subsequent guarantee period was extended on March 6, 2015). Defendant A submitted a guarantee issued under the said credit guarantee contract on March 11, 2009 and borrowed KRW 50,000,000 from the Nonparty bank.

C. Under each credit guarantee contract of this case, Defendant A agreed to pay penalty by adding 0.5% to the guarantee fee applied in accordance with the internal guarantee rule for the remainder of the principal obligation during the period from the date following the expiration date of payment of the guarantee fee to the day immediately preceding the date of payment of the principal obligation and the expenses paid by the Plaintiff for the purpose of securing the claim if the Plaintiff subrogated to the non-party bank due to the failure to repay the loan to the non-party bank, the amount of subrogated payment to the Plaintiff and the delay rate determined by the Plaintiff (as of September 12, 2014, 12% per annum) and the Plaintiff’s guarantee obligation is not extinguished by the date when the principal obligation of the Plaintiff was discharged.

On July 2, 2014, Defendant A caused a credit guarantee accident with the opposite left bank, and as a result, Defendant A was unable to repay the loan to Nonparty A bank.

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