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(영문) 대전지방법원 2017.05.19 2016가단216608
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 144,787,902 and KRW 9,822,264 among them, from September 28, 2001 to 88,939.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established for the purpose of contributing to the development of national economy by facilitating corporate financing through guaranteeing corporate liabilities which lack security capability pursuant to the Korea Technology Credit Guarantee Fund Act. The Defendant Company A (hereinafter “Defendant Company”) is a small and medium enterprise established for the purpose of the establishment of Aluminium and main steel manufacturing business.

B. The Plaintiff entered into a credit guarantee agreement between the Defendant Company and each of the following, and the Defendant Company did not perform its obligation to repay the loan with a financial institution at the time of each credit guarantee agreement, thereby paying the principal and interest of the loan in addition to the principal and interest of the loan in subrogation of the Plaintiff, and damages for delay at the rate of overdue interest as determined by

Defendant C has jointly and severally guaranteed the obligations of Defendant C under each credit guarantee agreement.

1) A credit guarantee agreement: A credit guarantee agreement under Article 2 (2) of the Guarantee Period from September 6, 1999, the maximum amount of principal guarantee 200,000,000 won, from September 6, 1999 to September 6, 2004: the Guarantee Period from September 6, 1999; the maximum amount of principal guarantee 30,000,000 won; the Guarantee Period from September 6, 1999 to September 6, 2000: 3 credit guarantee agreement under Article 3: the Guarantee Period from September 6, 1999 to February 25, 200; the maximum amount of principal guarantee 85,00,000,000 won; the Guarantee Period from February 25, 200 to February 25, 201.

C. On September 10, 199, the Defendant Company loaned KRW 200,000,000 for promotion fund facilities funds from the point of origin of the Industrial Bank of Korea on the basis of the credit guarantee agreement, and on September 6, 1999, borrowed KRW 30,000,000 for small and medium enterprise funds from the above bank on September 6, 199, and on February 25, 200, borrowed KRW 100,000 for enterprise general funds from the point of origin of the measure against Han Bank, Han Bank, Inc., Ltd., but failed to repay each of the above loans.

The plaintiff, on behalf of the defendant company, subrogated 132,296,848 won in total to the Industrial Bank of Korea in accordance with the Credit Guarantee Agreement on September 28, 2001, and the third credit guarantee agreement on December 7, 2001.

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