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(영문) 대전지방법원 2017.08.10 2017나102608
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Basic Facts

On March 13, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant, setting the guarantee amount of KRW 9,500,000, and the guarantee period of KRW 13,000 from March 13, 2013 to March 13, 2018, by setting the guarantee number B. The Plaintiff entered into a credit guarantee agreement by setting the guarantee amount of KRW 9,50,000 on the same day, the guarantee period of KRW 9,50,000, and the guarantee period of KRW 13,00 on March 13, 2018, the loan institution (guarantee), MS Mutual Savings Bank, and the guarantee number C.

(hereinafter “each credit guarantee agreement of this case.” The Defendant agreed to pay the amount of subrogation, delayed interest rate of 12% per annum, and the legal procedure expenses and other incidental expenses disbursed by the Plaintiff for the purpose of executing or preserving the right by discharging the guaranteed obligation in the event the Plaintiff makes a subrogation by failing to perform the obligation to repay the loan after obtaining a loan from the financial institution under the credit guarantee agreement issued pursuant to the credit guarantee agreement at the time of each credit guarantee agreement of this case.

On March 13, 2013, the Defendant borrowed KRW 20,000,00 from MS Mutual Savings Banks, attaching each credit guarantee letter issued by the Plaintiff pursuant to the respective credit guarantee agreements in the instant case.

(hereinafter “instant loan”). Since then, a credit guarantee accident occurred due to the Defendant’s failure to perform its obligation to repay the instant loan to MS Mutual Savings Bank, and the Plaintiff, upon the request of MS Mutual Savings Bank, was paid by the Plaintiff, on April 21, 2014, KRW 8,560,636 based on the credit guarantee certificate of No. B, a loan institution, and KRW 8,566,531 based on the credit guarantee certificate of No. C, a guarantee number C, and recovered KRW 379,100 out of the amount subrogated under the credit guarantee certificate of No. B, a guarantee number B.

On the other hand, on July 22, 2014, the Defendant received a ruling of bankruptcy and exemption (hereinafter “instant bankruptcy and exemption”) from the Daegu District Court and became final and conclusive on August 6, 2014.

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