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(영문) 광주지방법원 2016.01.12 2015가단20792
구상금
Text

1. The Defendant’s KRW 49,621,818 as well as the Plaintiff’s KRW 20% per annum from May 19, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On October 26, 2010, Defendant Company (formerly: C Co., Ltd.) concluded a credit guarantee agreement with the Korea Credit Guarantee Fund to provide credit guarantee services for loans to be granted from the Korea Credit Guarantee Fund (hereinafter “Korea Bank”) which is the creditor company from October 26, 201 to October 25, 201 with regard to the amount of credit guarantee principal 7,2250,000 won, and the credit guarantee period from October 26, 201, with regard to the credit guarantee obligations to be granted from the Korea Credit Guarantee Fund (hereinafter “Korea Bank”), and when the Korea Credit Guarantee Fund claims for the performance of the guaranteed obligations from the creditor company, it shall perform the guaranteed obligations in accordance with the statutes and the credit guarantee agreement, and when the Korea Credit Guarantee Fund performs the guaranteed obligations, the Defendant company and its joint guarantor shall pay the amount of the guaranteed obligations and damages for delay calculated by multiplying the amount of the repayment of the guaranteed obligations by the rate set by the Korea Credit Guarantee Fund from the date of the repayment of the guaranteed obligations (hereinafter “instant credit guarantee agreement”).

B. Defendant Company provided a credit guarantee certificate issued in accordance with the instant credit guarantee agreement and received a loan of KRW 100 million from the Gwangju High-Tech branch of Korea Bank Co., Ltd.

C. Upon the occurrence of a credit guarantee accident where the Defendant Company was unable to repay the above loans to the Bank, the Korea Credit Guarantee Fund subrogated to the Bank the principal and interest of the above loan amounting to KRW 72,610,972 (i.e., principal amounting to KRW 7,2250,972) on October 30, 2013, and then claimed reimbursement for reimbursement to the Plaintiff, a joint guarantor under the credit guarantee agreement of this case, and the Plaintiff paid KRW 49,621,818 to the Korea Credit Guarantee Fund on April 27, 2015.

[Ground of recognition] Evidence Nos. 1-1, 2, Gap evidence Nos. 2 and 3, Gap evidence Nos. 6, fact-finding inquiry report to the Credit Guarantee Fund, the whole pleadings.

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