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(영문) 서울서부지방법원 2013.07.18 2012가단209455
구상금
Text

1. The Plaintiff:

A. Defendant A, B, C, and D are jointly and severally liable for KRW 1,643,789,964 and KRW 1,375,092,645.

Reasons

1. Basic facts

A. The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), as indicated in the following table, and Defendant A was loaned each of the following loans from the Daegu Bank and the Small and Medium Business Corporation around that time:

The Fund for business start-up support for 2010-05-28,295,000 general loan (driving) 201- Daegu Bank 2010-03-23,000,000 285,000,000 2013-03-22 general loan (operation) 2 FF Small and Medium Enterprise Promotion Foundation 2010-05,295,000,000 1,950,750,750,000 200 201,950,750,000 2018-05-28 business start-up support funds

B. At the time of the above credit guarantee agreement, Defendant A received the above loan from the Small and Medium Business Corporation in order to raise funds for the construction of a factory (hereinafter “the factory of this case”) in G in permanent residence at the time of the above credit guarantee agreement, and the credit guarantee agreement as stated in No. 2 of the above table (hereinafter “credit guarantee agreement of this case”) stipulated a separate guarantee agreement stating that “I will terminate the above guarantee (hereinafter “the instant guarantee agreement of this case”) by establishing the first collateral security (1,950,750,000 won) with respect to the land and the building immediately after the completion of the construction of the building (the location: the permanent residence in North Korea).”

C. In the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation under the said agreement, Defendant A decided to pay the Plaintiff the amount of subrogation and its delay damages, and other incidental obligations. The rate of delay damages is 15% per annum from June 1, 2005 to the date.

With respect to each credit guarantee agreement of this case, Defendant B, C, and D jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff with respect to the credit guarantee agreement of this case.

E. After that, Defendant A’s guarantee accident occurred on August 30, 201, and the Plaintiff is subrogated to Defendant A.

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