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(영문) 수원지방법원 2018.09.19 2017가단504691
구상금
Text

1. The defendant shall be jointly and severally and severally with the non-party corporation B and C to KRW 134,913,736 and KRW 133,783,416.

Reasons

1. Facts of recognition;

A. On August 31, 2011, the Plaintiff (Korea Technology Finance Corporation before changing the name of September 2016) entered into a credit guarantee agreement with C (a joint Defendant prior to the withdrawal of the lawsuit; the representative of D’s private enterprise engaging in wholesale and retail business, including fertilizers) and issued a credit guarantee agreement (a credit guarantee agreement in this case) with C, the guaranteed amount of which is KRW 142,30,000 (a change of the guaranteed amount to KRW 140,317,850) (a change to KRW 140,317,850) and August 30, 2012 (the extension to August 26, 2016).

B. According to the instant credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, C and the joint guarantor agreed to pay all incidental obligations, such as the amount subrogated by the Plaintiff to the Plaintiff, interest rate and calculation method set by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, damages for delay calculated by the Plaintiff, expenses incurred by the Plaintiff in the execution, preservation, exercise,

C. At the time of the above credit guarantee agreement, the Defendant and B Co., Ltd. jointly and severally guaranteed all obligations owed by C to the Plaintiff.

C received a loan from the Nonghyup Bank as collateral. On May 23, 2016, the Plaintiff forfeited the benefit of time due to the nonperformance of obligations to the Nonghyup Bank, and on May 23, 2016, the Plaintiff repaid the principal and interest of KRW 142,432,585 (the principal and interest of KRW 140,317,850 (the interest of KRW 140,317,850 from January 4, 2016 to May 22, 2016).

E. From May 23, 2016 to June 19, 2018, the Plaintiff recovered KRW 8,649,169,169 in total from the obligor C for up to 17 occasions, and appropriated the amount of subrogated payment. Accordingly, the Plaintiff’s subrogated payment remains 133,783,416 won (142,432,585 won - 8,649,169 won) and the amount recovered under the credit guarantee agreement of this case from the date of subrogation to the date of recovery.

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