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(영문) 대구지방법원 2017.10.27 2016가단127418
구상금
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 163,677,931 and KRW 162,257,390 among them.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability, etc., and the Defendant A Co., Ltd. (hereinafter only referred to as the Defendant Co., Ltd.) entered into a credit guarantee agreement with the Defendant Co., Ltd. with regard to the obligation to repay loans, around 2014. The Defendant B entered into a joint and several guarantee agreement with the Plaintiff regarding the performance of obligations under the credit guarantee agreement with the Defendant Co., Ltd.

The following guarantee number guarantee-based loan amount set forth below is guaranteed 1 E by financial institutions 1 E, the guaranteed deposit amount, August 14, 2014, extended on August 13, 2015, and the Industrial Bank of Korea 170 million Won on August 12, 2016

B. When the Defendant Company, a debtor of the above loan obligation, violated the obligation under the credit guarantee agreement, and when a credit guarantee accident deemed objectively necessary to preserve the claim has occurred, such as where the credit conditions of the Defendant Company significantly deteriorated due to the occurrence of a reason for registration of public record information, such as delinquency and default pursuant to the Credit Information Management Rules of the Korea Federation of Banks, the Defendant Company and the joint guarantor agreed to pay in advance the amount guaranteed by the Plaintiff, even if not notified or notified by the Plaintiff, and when the Plaintiff has performed the guaranteed obligation, the Defendant Company and the joint guarantor agree to reimburse the amount of the Plaintiff’s performance of the guaranteed obligation, the amount calculated by the ratio of the Plaintiff from the date of repayment

C. Around November 2015, the occurrence of a claim for reimbursement and the subrogation company caused the nonperformance of credit due to the impossibility of management status, such as delayed loans of KRW 10 million to Masan money, and such nonperformance of credit.

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