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Reasons
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(영문) 부산지방법원 2017.02.02 2016가단343059
구상금
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1. The Plaintiff:

A. As to KRW 45,321,956 and KRW 45,117,156 among them:

B. Defendant B is Defendant A.

Reasons

1. Facts of recognition;

A. (1) On April 21, 2011, the Plaintiff Fund is the Busan Bank Co., Ltd., Ltd. (hereinafter “Bansan Bank”) between C and C.

(2) On March 10, 2016, upon which the term of guarantee was extended to C on the same day as March 20, 2016, the Plaintiff issued a credit guarantee certificate to guarantee C’s obligation to the Busan Bank equivalent to KRW 25,500,000,000, out of the amount of loan 30,000,000. (2) On June 11, 2015, the Plaintiff Fund agreed to guarantee C’s obligation to the Busan Bank by providing a further guarantee between C and C, and on June 10, 2016, issued C a credit guarantee certificate to guarantee C’s obligation to the Busan Bank amounting to KRW 43,00,000.

3) At the time of the above agreement, when the Plaintiff Fund subrogated to the Busan Bank for the obligation of a loan to the Busan Bank pursuant to the above credit guarantee agreement, the Plaintiff Fund shall be entitled to receive the amount of the subrogation and the damages for delay calculated at the rate of the Plaintiff Fund’s payment from the date of subrogation to the date of completion of indemnity, the additional guarantee fee determined by the Plaintiff Fund, and the expenses incurred in the preservation, transfer, and exercise of the right acquired by subrogation to C, and the damages for delay determined by the Plaintiff Fund shall be 12% per annum after the above agreement.

B. (1) On July 12, 2016, the Plaintiff Fund subrogated for KRW 45,117,156 in total for the principal and interest of the Plaintiff Fund to the Busan Bank based on each of the credit guarantee agreements as above. (2) The aggregate of additional guarantee fees to be borne by C under each of the agreements as above is KRW 62,110, and the expenses paid by the Plaintiff Fund for the preservation of the claim for reimbursement against C acquired by subrogation under each of the agreements as above are KRW 142,690.

C. Death C of C is about 2016.

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