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(영문) 서울중앙지방법원 2018.12.13 2018가합525885
구상금등 청구
Text

1. As to KRW 269,128,266 and KRW 269,127,763 among the Plaintiff, Defendant A shall be from May 31, 2017 to May 28, 2018.

Reasons

1. Basic facts

A. The status of the parties is a corporation with the aim of contributing to the balanced development of the national economy by facilitating corporate financing and establishing a sound credit order through the efficient management and operation of credit information, even though the Plaintiff has weak ability to secure the debt of an enterprise with good credit standing, and is the father of the Defendant B.

B. On July 10, 2012, the Plaintiff entered into a credit guarantee agreement and the occurrence of a guarantee accident (hereinafter “instant credit guarantee agreement”) with Defendant A, with a view to guaranteeing the Defendant A’s loan obligation to Defendant D, the credit guarantee agreement between July 10, 2012 and July 9, 2013, with the credit guarantee principal of KRW 297,50,000 (hereinafter “instant credit guarantee agreement”).

In the instant credit guarantee agreement, upon the Plaintiff’s fulfillment of the guaranteed obligation, the Defendant A immediately determined that the amount of the obligation to discharge the guaranteed obligation, the amount of damages calculated by multiplying the amount of the obligation to discharge the guaranteed obligation by the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation. The Plaintiff’s rate of contractual damages determined by the Plaintiff is 10% per annum from February 1, 2016. (2) Defendant A received a loan of KRW 350 million from D Co., Ltd. (hereinafter “D”) on July 10, 2012 (hereinafter “instant loan”). Under the said credit guarantee agreement, the Plaintiff issued an individual credit guarantee number (hereinafter “instant credit guarantee number”) on the same day with respect to the instant loan principal and interest guaranteed by Defendant A to Defendant D as of July 9, 2013.

Since then, the credit guarantee in this case was finally changed on July 7, 2017 to cover the amount 266,000,000 won, and the term of guarantee.

3 D on April 20, 2017, Defendant A’s debt of the instant loan is suspended or closed.

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