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(영문) 부산지방법원동부지원 2017.11.08 2017가단215195
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 525,680,615 and KRW 179,824,855 among them, from January 5, 2017 to 345.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on September 30, 201 with respect to the principal and interest obligation of KRW 90,000,000, and KRW 100,000,00 for small and medium enterprise loans to be borrowed from the Industrial Bank of Korea on September 29, 201, and thereafter extended the credit guarantee term on September 22, 2017. ② On September 26, 2014, the Plaintiff concluded a credit guarantee agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on September 25, 201 with respect to the principal and interest obligation of KRW 180,00,000 and KRW 100,000 for small and medium enterprise loans that the Defendant Co., Ltd. will obtain from the Busan Bank on September 20, 201, extended the credit guarantee term to KRW 300,005.

(hereinafter “each credit guarantee agreement of this case”). The Plaintiff issued a credit guarantee certificate to the Defendant Company in accordance with each credit guarantee agreement of this case.

B. According to each of the credit guarantee agreements of this case, when the Plaintiff fulfills the obligation to guarantee, the Defendant Company paid ① the amount of the obligation to guarantee and the amount of damages calculated at the rate determined by the Plaintiff (10% per annum according to the evidence No. 5-1 and No. 2) from the date of full payment of the obligation to the date of full payment of the obligation.

C. At the time of the conclusion of each credit guarantee agreement of this case, Defendant B entered into an agreement between the Plaintiff and the Plaintiff on the joint and several guarantee of all obligations owed by the Defendant Company to the Plaintiff pursuant to each credit guarantee agreement of this case.

The Defendant Company offered as security each of the credit guarantees issued by the Plaintiff, and immediately after each of the credit guarantees agreements of this case, KRW 100,000 from the Industrial Bank of Korea, and KRW 200,000 from the Busan Bank.

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