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(영문) 춘천지방법원강릉지원 2017.10.31 2016나52040
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

1..

Reasons

1. Basic facts

A. 1) The Plaintiff is a juristic person established pursuant to the Credit Guarantee Fund Act to facilitate corporate financing by guaranteeing the debt owed by enterprises which lack security capacity, and to contribute to the balanced development of the national economy by establishing sound credit order through efficient management and operation of credit information. 2) The Defendant was operating a personal business with the trade name “B”.

B. On May 21, 2008, the Plaintiff and the Defendant’s New Bank Co., Ltd. (hereinafter “New Bank”) on May 21, 2008.

) As to the credit guarantee obligations against Defendant, the credit guarantee limit amounting to KRW 15,200,00, and the credit guarantee period from May 21, 2008 to May 20, 201 (it was until May 20, 2009 at the beginning, but was extended by May 20, 201.

(i)the primary credit guarantee agreement prescribed by the first credit guarantee agreement (hereinafter referred to as “the first credit guarantee agreement of this case”).

(A) On May 21, 2008, the credit guarantee certificate (Guarantee Number C; hereinafter “the first credit guarantee certificate of this case”) was concluded.

(2) On March 3, 2009, the Plaintiff and the Defendant issued the said credit guarantee limit amount to KRW 13,600,000. (3) On March 3, 2009, the Plaintiff and the Defendant entered into a secondary credit guarantee agreement (hereinafter “the instant secondary credit guarantee agreement”) with the Defendant regarding the Defendant’s credit guarantee obligations against the Defendant’s new bank, which is set forth in the credit guarantee limit amount to KRW 35,200,000,00 and from March 3, 2009 to June 2, 2009.

At the time of the second credit guarantee agreement of this case, the Defendant jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant to the Plaintiff according to the above credit guarantee agreement.

3. According to Article 10(1) of the Credit Guarantee Agreement, in a case where the Plaintiff performed the guaranteed obligation because the Defendant was unable to repay the obligation of the loan, the Defendant shall pay the Plaintiff the amount of the guaranteed obligation (2).

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