logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.12.22 2015가단233186
구상금
Text

1. The Defendant’s annual interest in KRW 26,789,580 and KRW 26,612,616 among the Plaintiff, from February 11, 2015 to September 7, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with B to secure the repayment obligation of the principal and interest of the loan in obtaining a loan from a financial institution; ① on February 25, 2009, the date of guarantee; ② on February 25, 2010 (hereinafter “first guarantee”); ② on November 16, 201, the date of guarantee; ② on November 16, 201, the guaranteed amount of KRW 20,000,000; and on November 16, 2011, the guaranteed amount of KRW 20,000,000 (hereinafter “second guarantee”); and on the same day, the Defendant jointly and severally guaranteed the obligation owed to the Plaintiff by the said credit guarantee.

B. B submitted a credit guarantee certificate and received a loan from the Busan Bank.

C. The credit guarantee condition of the first guarantee was modified to KRW 8,00,000 for the guaranteed amount, to February 17, 2015 for the term of guarantee, to KRW 18,000 for the guaranteed amount, to KRW 18,000 for the credit guarantee condition of the second guarantee, and to November 14, 2014 for the term of guarantee.

After that, B lost the benefit of time due to the company's poor sales, etc. and caused a credit guarantee accident. Accordingly, the Plaintiff paid the amount of KRW 26,612,616 on February 11, 2015 in subrogation of B (i.e., KRW 8,215,52 on the first guarantee payment, KRW 18,397,064 on the second guarantee payment).

E. According to the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, B and its joint guarantor pay the amount of performance of the guaranteed obligation, damages for delay based on the rate of damages determined by the Plaintiff from the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and additional guarantee fees. On or after September 5, 2013, the rate of damages on or after September 5, 2013 is 12% per annum, and additional guarantee fees are 65,090 won, and legal procedure expenses are 111,874 won (=205,700 won for provisional seizure against real estate - offset 1,310 won for unpaid guarantee fees - 8,700 won for personal rehabilitation from B - 83,816 won for personal rehabilitation from B.

F. B filed an application for individual rehabilitation on September 22, 2014, and at the Busan District Court.

arrow