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(영문) 창원지방법원 2016.12.14 2016나53385
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On November 24, 2008, the Plaintiff entered into a credit guarantee agreement with Nonparty A Co., Ltd. (hereinafter “Nonindicted Company”) to guarantee the payment of principal and interest of loan to Nonparty A’s national bank.

(hereinafter “instant credit guarantee agreement”). The said credit guarantee agreement has been renewed several times, and its content was modified on November 22, 2013 by 240,000,000 won and by November 21, 2014.

B. Of the credit guarantee agreement of this case, the main contents related to the scope of claims for indemnity acquired by the Plaintiff upon occurrence of a credit guarantee accident are as follows.

Article 3 (Payment of Guarantee Fees, etc.) (3) If the principal (the non-party company of this case) fails to perform the principal obligation within the deadline for payment of the principal obligation, he/she shall pay the penalty calculated by multiplying the amount of the guaranteed obligation which has not been performed by the rate of 0.5% per annum on the guarantee fee rate from among the guaranteed obligation.

Article 10 (Scope of Repayment) (1) When the new successor (the plaintiff of this case) has performed the guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:

However, the joint and several guarantors under Article 2 (1) of the Special Act on the Protection of Suretys shall be reimbursed within the maximum amount of the guaranteed debt separately stated.

1. Performance amount of the surety obligation;

2. The amount of damage calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date when the obligation is performed to the date when the obligation is repaid.

3. Expenses incurred in performing guaranteed obligations;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. Damages for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate fixed in the new report from the payment date of each expense to the repayment date.

7. Subrogation fee;

C. On October 3, 2014, Nonparty Company interest on KRW 300,000,000 for a loan to a national bank.

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