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(영문) 서울중앙지방법원 2021.03.23 2020가단5159999
구상금
Text

1. A. As to Defendant A Co., Ltd.: KRW 73,259,630 and KRW 73,130,243 among them:

(b)be inherited from the net G;

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established in Gyeonggi-do pursuant to the Local Credit Guarantee Foundation Act with the aim of facilitating financing and contributing to the revitalization of the regional economy by guaranteeing the obligations of small enterprises, etc. with insufficient collateral capability as a credit guarantee foundation.

B. (1) The Plaintiff entering into a credit guarantee agreement and loan implementation (1) shall enter into a credit guarantee agreement with the Defendant Company at the request of the Defendant Company A, and issue the Defendant Company a credit guarantee certificate with the following contents to the Defendant Company, and the Defendant Company shall be from the Nonparty Bank of Korea (hereinafter “Non-Party Bank”).

With respect to the principal and interest obligation to be borne by the loan, credit guarantee under the Local Credit Guarantee Foundation Act was provided within the scope of the following credit guarantee.

According to the terms and conditions of the credit guarantee agreement, the guarantee rate of KRW 2017-07-17 H 72,00,000 based on the principal guarantee period: 90% 2018-07-17 (2020-07-15) under the credit guarantee agreement, where the Plaintiff performed the guarantee obligation, the obligor under the said guarantee agreement is agreed to pay the Plaintiff the amount paid by the Plaintiff for the performance of the guarantee obligation, and the delayed damages at the rate determined by the Plaintiff from the subrogation due date to the repayment date, ② the expenses paid by the Plaintiff for the performance of the guarantee obligation, ③ the expenses paid by the Plaintiff for the preservation, transfer, and exercise of the right acquired by the Plaintiff due to the performance of the guarantee obligation, ④ the unpaid guarantee fee, additional guarantee fee, and overdue guarantee fee.

(3) The joint and several guarantee network G was jointly and severally guaranteed for all obligations under the above credit guarantee agreement against the plaintiff of the defendant company.

(c)

(1) The defendant company did not pay the above loan principal even though it has lost the benefit of the time limit for the loan.

Accordingly, on May 8, 2020, the plaintiff 73,130.

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