logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.25 2019가합530259
구상금
Text

1. Defendant A Co., Ltd and B shall jointly and severally serve as the Plaintiff KRW 421,831,561 and KRW 421,831,301 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.

Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is a company operating a general Schlage, and Defendant B is a representative director of Defendant A, and Defendant C is a mother of Defendant B and a business operator who engages in the sales of kitchen supplies in the trade name of “D”.

B. On May 27, 2016, the Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant A to obtain a loan from the EF Financial Center branch (hereinafter referred to as “CF branch”), with a view to KRW 440,00,000, and KRW 110,000,00,000, respectively, of ordinary loan loan of KRW 352,00,000,000, respectively.

(2) After the maturity of the instant credit guarantee agreement was changed on May 24, 2019, Defendant A submitted a credit guarantee agreement under the instant credit guarantee agreement as a collateral and received respectively KRW 440,000,000 as a first loan from E Bank on May 27, 2016, and KRW 110,000,000 as a second loan on June 10, 2016.

3. According to the credit guarantee agreement of this case, in the event that the plaintiff performed each credit guarantee obligation on behalf of the defendant A, the defendant A paid by the plaintiff for the performance of the credit guarantee obligation on behalf of the defendant A, and the damages for delay calculated by the rate of the plaintiff's subrogated amount and the damages for delay from the payment date to the full payment date, and the guarantee fee for the principal of the non- terminated guarantee is paid.

arrow