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(영문) 서울중앙지방법원 2016.01.28 2015가단5122481
구상금 등 청구의 소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 87,339,122 and KRW 86,613,362 among the Plaintiff and the Plaintiff’s KRW 86,613,362 from September 19, 2014.

Reasons

1. In fact, the Plaintiff is a juristic person established with the aim of contributing to the development of national economy by guaranteeing the debts of small and medium enterprises which lack security solvency pursuant to the Korea Technology Credit Guarantee Fund Act.

On November 7, 2006, pursuant to the credit guarantee agreement with Defendant A, the representative of “E”, the Plaintiff issued a credit guarantee certificate (the guarantee rate: 85%) with F, the principal of the guarantee, and the term of guarantee on November 7, 2007 (which was changed to October 31, 2014), and Defendant A provided a guarantee within the scope of the above credit guarantee as to the principal and interest payable upon receiving a loan of KRW 100,000,000 from the Industrial Bank of Korea on November 9, 2006.

According to the credit guarantee agreement between the Plaintiff and the Defendant, when the Plaintiff performed the above guaranteed obligation, the Defendant A shall also pay to the Plaintiff all incidental obligations, such as the fees paid by the Plaintiff for the performance of the guaranteed obligation, the amount of subrogated payment, the amount of damages for delay calculated by applying the rate of 5/100 per annum from the day following the payment date of the guaranteed obligation to the day before the expiration date of the guaranteed obligation, the additional guarantee fee calculated by adding the rate of 5/100 per annum to the rate of 5/100 per annum from the day following the payment date of the guaranteed obligation to the day before the expiration date of the guaranteed obligation, and the legal procedure expenses paid by the Plaintiff for the enforcement or preservation of the right. The Plaintiff may be subject to the attachment, provisional attachment or provisional disposition by the Plaintiff, application for rehabilitation procedures or bankruptcy procedures, suspension of business or bankruptcy, or default in taxation with the principal and subordinate debt, or when it is deemed necessary to preserve the obligation due to failure to discharge the principal and subordinate debt guaranteed by the Plaintiff, or when it is deemed necessary.

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