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(영문) 청주지방법원충주지원 2015.03.26 2014가단22454
구상금
Text

1. The plaintiff

A. As to KRW 96,03,760 and KRW 96,03,567 among Defendant A, Defendant A, from September 5, 2014 to December 19, 2014.

Reasons

1. Facts of recognition;

A. (1) On March 4, 2009, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff, setting a credit guarantee principal of KRW 50 million and the period of the credit guarantee agreement between March 4, 2009 and March 3, 2010 (after that, the guarantee period was changed to February 27, 2015; hereinafter referred to as the “instant first agreement”).

B) On February 15, 2011, the credit guarantee principal is KRW 45 million and the period of the credit guarantee is from February 15, 2011 to February 14, 2012 (after that, the guarantee period has been changed to February 13, 2015; hereinafter referred to as the “instant second agreement”).

2) The Defendant A submitted each credit guarantee certificate issued by the Plaintiff pursuant to the instant arrangement and the instant arrangement (hereinafter referred to as “each of the instant agreements”) from the National Bank and borrowed each of the KRW 50 million in total (10 million) from the National Bank.

3) On February 15, 2011, Defendant A guaranteed the Plaintiff’s obligation under the instant agreement. (4) According to each of the instant agreements, Defendant A and the joint guarantor, when the Plaintiff performed the guaranteed obligation, shall immediately repay to the Plaintiff the amount of the guaranteed obligation and the amount of damages, penalty, etc. calculated by multiplying the amount of the performance of the guaranteed obligation by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment. The rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012.

B. The defendant A by subrogation of the plaintiff

A. (2) On September 5, 2014, the Plaintiff subrogated to the National Bank for the amount of KRW 96,622,327 [the principal and interest amounting to KRW 50,750,684 [the principal and interest amounting to KRW 50,750,684 under the instant arrangement [the principal and interest amounting to KRW 50,00,000] under the instant agreement [the principal and interest amounting to KRW 45,871,643 [the principal and interest amounting to KRW 45,00,000] (the principal and interest amounting to KRW 45,000,000)]. 2] The Plaintiff’s final damages amounting to recover KRW 588,760 out of the indemnity amount under the instant agreement under Article 1 agreement are KRW 193 won (=58,760 per annum x 12% per day x 1365 days).

[Reasons for Recognition]

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