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(영문) 인천지방법원 2018.02.28 2017가단219835
구상금
Text

1. As to the plaintiff 118,955,642 won and 103,406,134 won among them, the defendant home company's original company shall be the plaintiff on December 29, 2005.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant A, the principal company, and A

A. Facts of recognition 1) The Plaintiff is the Defendant Company’s home company (hereinafter “Defendant Company”) on October 10, 2001 and April 23, 2002.

(2) On August 4, 2004, the Plaintiff entered into a credit guarantee agreement with the Defendant Company and continued the transaction of discounted bills with the Defendant Company in accordance with the said credit guarantee agreement. (3) On August 4, 2004, the Defendant Company entered into an additional credit guarantee agreement (200,000,000,000,000,000, respectively) with the Defendant Company. (3) On August 4, 2004, the said credit guarantee agreement entered into a credit guarantee agreement with the Defendant Company (20,000,000,000,000,000,000).

3) According to the credit guarantee agreement of this case, when the Plaintiff performs the guaranteed obligation under the credit guarantee agreement, the Defendant Company shall pay the Plaintiff the amount subrogated by the Plaintiff and the damages for delay, penalty, etc. at the rate determined by the Plaintiff. The Plaintiff’s interest rate for delay is 15% per annum. The Defendant A issued a promissory note (hereinafter “instant promissory note”) and delivered it to the Defendant Company as follows. The Defendant Company endorsementd and transferred the said promissory note to the Company upon receiving a loan from an enterprise bank in accordance with the credit guarantee agreement of this case.

On October 5, 2005, the payee A 41,200,000 of the original issue date of the Promissory Notes No. 1 (the original issue date) notified the Plaintiff of the occurrence of a credit guarantee accident due to the due account book, which occurred on October 30, 2005, the Plaintiff notified the Plaintiff on October 29, 2005 of the principal and interest of the instant Promissory Notes No. 32,60,000,000 on June 16, 2005.

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