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(영문) 인천지방법원 2016.11.30 2015가단247027
구상금
Text

1. As to KRW 232,011,258 and KRW 230,219,70 among the Plaintiff, Defendant B’s year from December 12, 2014 to May 29, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) On August 31, 2010, the Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

(A) Upon entering into a credit guarantee agreement with a credit guarantee agreement, the credit guarantee agreement was issued on August 29, 2014 with a loan extended to small and medium enterprises (hereinafter “the first credit guarantee agreement”) and on August 1, 2014.

(2) On the same day, Defendant A was granted a loan of KRW 190,00,00 from the Industrial Bank of Korea as security. (2) On the same day, the Plaintiff entered into a credit guarantee agreement with Defendant A, and issued a credit guarantee certificate with the Bank of Korea for the loan of small and medium enterprise in the loan course (hereinafter “credit guarantee agreement”) on August 31, 201 (a change to August 29, 201), and Defendant A borrowed KRW 110,000,000 from the Industrial Bank of Korea as security.

3) According to each of the above credit guarantee agreements, Defendant B and C jointly and severally guaranteed the entire obligation that Defendant A owes to the Plaintiff. According to each of the above credit guarantee agreements, if the Plaintiff performed the guaranteed obligation, Defendant A shall pay to the Plaintiff all of the ancillary obligations, such as the amount of subrogation paid by the Plaintiff for the performance of the obligation, the amount of damages incurred by the Plaintiff at the rate of damages determined by the Plaintiff from the date of full payment to the date of full payment for the obligation, and damages incurred by the Plaintiff’s respective guaranteed obligation, or the date following the expiration date of the due date for which the guarantee fee was paid, if the guaranteed obligation of the Plaintiff is not extinguished by the day after the expiration date of the due date for which the guarantee fee was paid, penalty in proportion to the rate set by the Plaintiff as to the remaining principal obligation, and

5. Defendant A, on August 29, 2014, suffered from a guarantee accident, and the Plaintiff on December 12, 2014, in relation to the first credit guarantee agreement with the Industrial Bank of Korea on December 12, 2014.

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