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(영문) 창원지방법원통영지원 2015.10.13 2014가단10549
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 260,867,808 and KRW 258,725,290 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee contract and joint and several sureties contract on April 9, 2013 (hereinafter “Defendant A”).

B) A credit guarantee agreement between April 9, 2013 to April 6, 2018 with a guarantee period fixed as KRW 250 million (hereinafter “instant credit guarantee agreement”) and a credit guarantee agreement with a guarantee period fixed as KRW 255 million.

(1) The term “national bank” means a bank (hereinafter referred to as “national bank”) that entered into a credit guarantee agreement and issued the credit guarantee agreement, and on April 19, 2013, Defendant A issued the credit guarantee agreement.

30 million won (hereinafter referred to as the “instant loan”) was loaned from the Plaintiff.

(2) At the time of the instant credit guarantee agreement, Defendant A agreed to pay to the Plaintiff a penalty calculated by adding the rate of 0.5% per annum to the amount of subrogated payment, the amount of damages for delay in accordance with the rate set by the Plaintiff from the date of subrogated payment to the date of full payment, the expenses incurred by the Plaintiff to the date of full payment, the amount of the guaranteed amount, and the rate of damages for delay determined by the Plaintiff from the date of the instant credit guarantee agreement to the date of closing argument.

3) On April 9, 2013, Defendant B, the representative director of Defendant A, had jointly and severally guaranteed all obligations under the instant credit guarantee contract against the Plaintiff between the Plaintiff and the Plaintiff (hereinafter “instant joint and several guarantee contract”).

B. B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) Defendant A lost the benefit of the instant loan obligation due to the failure to perform the obligation to pay interest to the National Bank on February 20, 2014, and caused a guarantee accident stipulated in the instant credit guarantee agreement.

2) On April 30, 2014, the Plaintiff subrogated to the National Bank for KRW 258,725,290 out of the principal and interest of the instant loan (i.e., KRW 255,00,000) (i.e., KRW 3,725,290). (iii) The Plaintiff spent KRW 1,893,108 as preservative expenses to preserve the claim for reimbursement against Defendant A, and the Plaintiff paid KRW 1,893,108 as the instant amount.

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