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(영문) 창원지방법원 2018.12.13 2017가단117025
구상금
Text

1. As to KRW 592,647,972 and KRW 592,647,953 among the Plaintiff, the Defendant shall start from September 22, 2017 to October 19, 2017.

Reasons

1. Facts of recognition;

A. (1) On September 25, 2015, the Plaintiff entered into a credit guarantee contract. (2) On September 25, 2015, the Plaintiff Company B (hereinafter “Nonindicted Company”).

B) As regards the loan from the Gyeongnam Bank, the non-party company entered into a credit guarantee agreement with the content that it guarantees the payment of the principal and interest of loan (as of September 24, 2020; as of September 24, 2020; as of KRW 1,170,000,000 (hereinafter “instant credit guarantee agreement”).

(2) The Defendant jointly and severally guaranteed the debt of the non-party company under the instant credit guarantee agreement.

3) The non-party company submitted a credit guarantee certificate issued by the Plaintiff and borrowed KRW 1.3 billion from the Gyeongnam Bank. B. The occurrence of claims for reimbursement 1) The non-party company incurred a credit guarantee accident on June 2, 2017.

On September 22, 2017, the Plaintiff paid the principal and interest amount of KRW 592,718,473 to Gyeongnam Bank upon the request of Gyeongnam Bank.

2) The Plaintiff recovered KRW 70,520 out of the above money and left the balance of the subrogated payment of KRW 592,647,953. 3) The rate of delay damages as stipulated in the credit guarantee agreement of this case is 10% per annum.

September 2, 2017, the amount of finalized damages as of September 22, 2017 is 19 won.

C. On November 22, 2017, the Nonparty Company was decided to commence rehabilitation proceedings with the Changwon District Court 2017 Gohap1047 case, and the Defendant, the representative director of which was appointed as the custodian, and was ordered to obtain the rehabilitation plan on September 11, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the defendant is a joint and several surety for the non-party company's debt under the credit guarantee agreement of this case (i.e., KRW 592,647,972 for indemnity amounting to KRW 592,647,953 for the remainder of the subrogated amount (=19 won for the fixed amount of KRW 592,647,953 for the remainder of the subrogated amount) and the remainder of the subrogated amount of KRW 592,647,953 for the settlement date from September 22, 2017 to October 19, 2017, the delivery date of a copy of the complaint of this case.

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