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(영문) 서울중앙지방법원 2018.01.12 2017가합537775
구상금
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 567,032,188 and KRW 563,819,692, May 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff entering into a credit guarantee agreement and a loan agreement is a non-profit special corporation established for the purpose of contributing to the development of the national economy by facilitating the financing of the company by guaranteeing the debt of the company which lacks security capability.

The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), the guaranteed amount of 405,000,000 won on April 28, 2014, and the credit guarantee agreement and the guaranteed amount of 108,00,000 won on April 27, 2015, and the credit guarantee agreement on April 27, 2015 (hereinafter “the instant credit guarantee agreement”) respectively, and the Defendant B jointly and severally guaranteed the repayment obligation under the instant credit guarantee agreement by Defendant A.

Under the instant credit guarantee agreement, the agreed interest rate on delay damages was agreed to be set in consideration of the interest rate on overdue loans of financial institutions within the scope prescribed by the law. The Plaintiff set the agreed interest rate on delay damages from February 1, 2016 as 10% per annum.

On April 28, 2014, pursuant to the credit guarantee agreement of this case, the Plaintiff issued a credit guarantee certificate of KRW 180,000,000 on April 27, 2015 with respect to the principal and interest obligation of KRW 450,00,000 for a corporate ordinary loan to be borrowed from the National Bank (hereinafter “National Bank”) to Defendant A (hereinafter “National Bank”), and the credit guarantee certificate of KRW 180,000,000 on April 27, 2015 and the credit guarantee certificate of KRW 650,00,000 on April 27, 2015, with respect to the principal and interest obligation of KRW 450,00,000 on a corporate ordinary loan of KRW 40,00,000 on a deposit basis, and Defendant A provided each of the above credit guarantee certificate of KRW 450,000 on a aggregate from the National Bank (=450,000,000).

After that, on April 26, 2016, the Plaintiff’s each guarantee condition of each of the above credit guarantee agreements with Defendant A as to the principal and interest of KRW 450,00,000 for enterprise ordinary loan amounting to KRW 382,50,000,000, and the guarantee period as of April 26, 2017. As to the principal and interest of KRW 200,000 for enterprise ordinary loan amounting to KRW 170,000,000, the guaranteed amount is KRW 170,000.

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