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(영문) 춘천지방법원 2019.05.02 2019가단50683
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 702,693,810 and KRW 694,952,045 among the Defendants, from November 26, 2018 to February 26, 2019.

Reasons

1. Basic facts

A. The Plaintiff, a special corporation, established for the purpose of contributing to the development of the national economy by facilitating corporate financing through the guarantee of the liabilities of companies which lack security capability under the Korea Technology Finance Corporation Act, entered into a credit guarantee agreement with Defendant A (hereinafter “Defendant A”) under the joint and several guarantee of Defendant C, and the Defendant Company received the above credit guarantee agreement and received the following small and medium enterprise financing loans:

The credit guarantee amount of the guaranteed principal guaranteed on December 9, 2007 (hereinafter referred to as the “first guarantee”) of KRW 85 million, which was KRW 85 million on December 11, 2008 (the change to November 30, 2018), KRW 85 percent on credit guarantee (hereinafter referred to as the “second guarantee”) of KRW 250 million on June 9, 2016 (hereinafter referred to as the “instant credit guarantee”), KRW 30 million on June 9, 2017 (the change to June 8, 2018), KRW 30 million on June 9, 2016 (hereinafter referred to as the “instant third guarantee”), KRW 170 million on June 9, 2016 (hereinafter referred to as the “instant guarantee”), KRW 700 million on June 9, 2015 (hereinafter referred to as the “former 400 million on June 9, 2016”).

B. According to a credit guarantee agreement between the Plaintiff and the Defendant, where the Plaintiff performed the above guaranteed obligation, the Defendants: ① the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation and the amount of damages paid by the Plaintiff from the payment date to the full payment date [16% per annum from April 17, 2003 to November 30, 2012 (Provided, That 14% per annum from April 17, 2003 to March after the performance of the guaranteed obligation as of April 17, 2003; 16% per annum from March 1, 2012; 12% per annum from December 1, 2012; 10% per annum from February 1, 2016); ② the amount of damages for delay calculated by adding the guarantee fee per annum from the payment date of the guaranteed obligation to the rate of 0.5% per annum from the payment date of the guarantee fee to the expiration date of the guaranteed obligation; and ③ all expenses paid by the Plaintiff for the performance of the guaranteed right.

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