logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.08.30 2016가단116456
구상금
Text

1. The Plaintiff:

A. Defendant A: (a) with respect to KRW 718,146,469 and KRW 362,789,019 among them, Defendant A shall be from October 14, 2015 to 353,848.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an individual credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”) with C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Nonparty Co., Ltd. received loans from the Industrial Bank of Korea and the New Bank as collateral, respectively.

The Industrial Bank of Korea loans 138,700,000,000 June 26, 2012 on July 1, 201, 209, the guarantee period for the guarantee period for temporary lending institutions loans of 160,000 (160,000,000) for the purchase of new bank venture companies on October 23, 2015, October 23, 2014, the Bank of Korea loans 232,00,000,000,000 on May 23, 2014.

According to the above credit guarantee agreement between the plaintiff and the non-party company, when the plaintiff performs the guaranteed obligation, the non-party company agreed to pay the amount of subrogated payment to the plaintiff, damages for delay, fixed damages, penalty, and advances from the date of subrogated payment to the date of repayment of the indemnity obligation.

C. Defendant A jointly and severally guaranteed the liability for indemnity against the Plaintiff of the non-party company according to the credit guarantee agreement entered in the above table (1) through (4), and Defendant B’s credit guarantee agreement entered in the above table (1).

On July 9, 2015, a credit guarantee event occurred for a non-party company in arrears with the repayment of each of the above loans. Accordingly, the Plaintiff subrogated to the Industrial Bank of Korea in accordance with the credit guarantee agreement No. 113,532,120 won pursuant to the credit guarantee agreement No. 1 of the above Table No. 4 on October 14, 2015, pursuant to the credit guarantee agreement No. 207,68,064 won pursuant to the credit guarantee agreement No. 4 of the above Table No. 4 on October 15, 2015, pursuant to the credit guarantee agreement No. 249,256,899 won, and the credit guarantee agreement No. 3 of the above Table No. 3 on October 15, 2015, pursuant to the credit guarantee agreement No. 2 of the above Table No. 146,160,716,716,737,799 won.

E. The rate of damages for delay stipulated in each credit guarantee agreement of this case is 12% per annum.

F. No. 1 of the above table No.

arrow