logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.11.26 2015가합5119
구상금 등
Text

1. As to KRW 166,841,931 and KRW 162,880,393 among the Plaintiff, Defendant A shall be from June 26, 2014 to January 26, 2015.

Reasons

1. Facts of recognition;

A. 1) On March 8, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, as well as Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) of the said Defendant.

(C) A credit guarantee agreement with the term of March 7, 2014 (hereinafter referred to as the “credit guarantee agreement of this case”) providing the principal of the guarantee as KRW 160,00,000 and the term of the guarantee as of March 7, 2014.

(2) Defendant A entered into a credit guarantee agreement (Guarantee No. D) with Defendant A and obtained a loan (hereinafter “instant loan”) on March 7, 2014 by setting the due date for payment of KRW 200,000,000 from the Daegu Bank as collateral for the credit guarantee agreement created by the Plaintiff.

3) Meanwhile, according to the credit guarantee agreement in this case, where the Plaintiff performed the guaranteed obligation on behalf of the Defendant A, the Defendant A: ① the amount of the guaranteed obligation and the amount of delay calculated at the rate of damages as determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment; ② the expenses incurred in the preservation, transfer, and exercise of the right acquired by the Plaintiff through performance of the guaranteed obligation; ③ unpaid guarantee fees, delay guarantee fees, penalty, etc. (Article 10(1)); and the rate of delay delay determined by the Plaintiff is 12% per annum from November 28, 2012 to the date of the payment. Furthermore, when the Plaintiff did not perform the instant loan obligation, which is the principal obligation of the Defendant A, the Plaintiff may demand advance reimbursement against the Defendant A without notice and peremptory notice (Article 6(1)1 (b)); however, the Defendant A paid interest on the instant loan in arrears after February 8, 2014 to the date of repayment; the Plaintiff lost its interest on the loan of this case on March 10, 2018, 2014.

2) In addition, regarding the credit guarantee agreement of this case, the amount of advance penalty of KRW 867,940 and the amount of substitute penalty of KRW 3,093,598 has occurred, respectively, and the total amount of the claim for reimbursement of KRW 166,841,931 (the amount of subrogated penalty of KRW 162,880,393 shall be the amount of penalty of attempted penalty of KRW 867,940).

arrow