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(영문) 인천지방법원부천지원 2016.04.28 2015가단117969
구상금
Text

1. The Defendants are jointly and severally and severally liable for 510,037,144 won and the above amount of KRW 510,033,94 from April 24, 2015 to September 12, 2015.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) obtained a general corporate capital loan of KRW 427,00,000 on August 16, 201 from Nonparty Nonghyup Bank and KRW 427,00,000 on the same day.

B. The Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company with the purport that the Plaintiff bears the guaranteed obligation with respect to the loan obligation from the Nonghyup Bank as above. In the event that the Plaintiff subrogated for the Defendant Company’s loan obligation, the Defendant Company entered into a credit guarantee agreement with the effect that the Plaintiff shall reimburse the repayment amount, damages for delay in accordance with the interest rate set by the Plaintiff from the date of repayment to the date of repayment, damages for delay from the date of subrogated payment, additional guarantee fee calculated by adding the interest rate applied to the guarantee fee rate applied from the date following the expiration of the due date

(hereinafter referred to as the "credit guarantee agreement of this case").

At the time of the instant credit guarantee agreement, Defendant B agreed to provide a joint and several surety for the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.

C. In the event that Defendant Company lost the benefit of the term of its loans to Nonghyup Bank due to the delinquency in payment of interest, and was unable to repay the said debt, the Plaintiff repaid the sum of the principal and interest of the loans to Nonghyup Bank totaled KRW 511,314,960 on April 24, 2015 pursuant to the instant credit guarantee agreement.

Since then, the Plaintiff recovered KRW 1,280,966 out of the above subrogated amount and appropriated it for the principal of the subrogated amount. As above, 3,150 won was determined as the final damages of KRW 1,280,966, which was partially repaid.

E. Meanwhile, in accordance with the Korea Technology Credit Guarantee Fund and the Enforcement Decree of the Korea Technology Credit Guarantee Fund Act, the Plaintiff set and implemented an overdue interest rate of 12% per annum from December 1, 2012 to December.

[Ground of recognition] There is no dispute, A1-2.

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