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(영문) 부산지방법원동부지원 2014.11.20 2014가합100435
구상금등
Text

1. Defendant A, B, C, D, and E are jointly and severally owned by the Plaintiff in KRW 330,598,903 and KRW 327,52,015 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee contract and loans 1) on February 10, 2012, and Defendant A Co., Ltd. (registration number G; hereinafter “A”).

(A) The credit guarantee agreement between the credit guarantee and the credit guarantee limit amount of KRW 320,00,000, and the credit guarantee period of February 8, 2013 (hereinafter referred to as “credit guarantee agreement between February 10, 2012 and February 10, 2012”).

Defendant B Co., Ltd. (registration number H; hereinafter referred to as the above registration number G “A”) was concluded. “B Co., Ltd.”

(2) On February 10, 2012, C, D, and E jointly and severally guaranteed all obligations under the above credit guarantee agreement to be borne by Defendant A with the Plaintiff. (2) When the Plaintiff fulfills the guaranteed obligation, Defendant A agreed to pay to the Plaintiff the amount subrogated by the Plaintiff and the damages for delay in accordance with the rate determined by the Plaintiff (12%) from the date of performance of the guaranteed obligation to the Plaintiff until the date of repayment of the guaranteed obligation.

The main contents of the credit guarantee agreement shall be as follows:

(3) If the principal fails to perform the principal obligation within the deadline for the discharge of the principal obligation, the principal shall pay the penalty calculated by multiplying the amount of the guaranteed obligation by the rate of 0.5% added by the annual rate of 0.5% to the amount of the guaranteed obligation.

Article 10 (Scope of Repayment) (1) When a new guarantor has performed a guaranteed obligation, the principal and joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

1. Performance amount of surety obligations;

2. Damages 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 for discharge of guarantee obligation; and

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

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

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

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