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Reasons
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(영문) 대구지방법원 2019.03.22 2018가단105887
구상금 등
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1. As to KRW 20,580,707 and KRW 20,008,021 among the Plaintiff, Defendant A’s year from January 16, 2018 to March 19, 2018.

Reasons

1. Chief;

A. The plaintiff's assertion

1. Conclusion of credit guarantee agreements;

A. Defendant A entered into a credit guarantee agreement with Defendant A and Nonparty D on December 8, 2014 with Nonparty D (hereinafter “D”) on a general loan agreement of KRW 20,00,000 with respect to the loan agreement, and the Plaintiff entered into a credit guarantee agreement with Defendant A on the same day with respect to the above agreement, and issued a credit guarantee agreement with the following contents:

(A) A. 2 and A’s credit guarantee agreement - D. 3 - D. : Guarantee Number: Amount guaranteed under subparagraph (b): 20,000,000 won: December 7, 2017.

(1) The terms and conditions of the Guarantee Agreement are as follows: (a) If a guarantee accident occurs following the conclusion of the Guarantee Agreement within the scope of the guaranteed principal; (b) the Plaintiff agreed to pay by subrogation the sum of the Plaintiff’s articles of incorporation and the operating manual out of the principal of the guaranteed principal; (c) if the due date of the guaranteed loan has not yet arrived until the repayment of the guaranteed principal; and (d) the expenses paid by D in order to recover the guaranteed loan (see the Credit Guarantee Agreement No. 2); and (e) if the Plaintiff performs the guaranteed obligation, the Defendant agreed to pay to the Plaintiff all the expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s other rights in addition to the amount of the guaranteed obligation.

(See A’s Credit Guarantee Agreement). On the other hand, the rate of damages determined by the Foundation’s articles of incorporation is 10% per annum from January 1, 2018.

(see A. 4, 2. Scope of indemnity due to the Plaintiff’s subrogation and occurrence of other claims

A. On August 17, 2017, Defendant A’s subrogation caused a guarantee accident due to a natural body on the part of the Plaintiff, No. 5.

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