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(영문) 인천지방법원 2015.11.25 2015가단227849
구상금
Text

1. The Defendants: (a) each of the KRW 10,381,074 within the scope of property inherited from the network D and KRW 10,213 among them.

Reasons

1. Claims for indemnity:

A. The Plaintiff is a foundation established with the aim of facilitating the regional economy through efficient management and operation of credit information, which has weak capacity in Incheon Metropolitan City, but has good growth potential and good credit standing, thereby ensuring obligations of small enterprises, etc.

B. The network D (hereinafter “the network”) approved the provisions on the Regional Credit Guarantee Foundation and its Enforcement Decree, its articles of incorporation, its operating manual, and its credit guarantee, and concluded a credit guarantee agreement with the Plaintiff with the following contents:

The Guarantee Number and the date of conclusion of the contract and the date of issuance of a letter of guarantee shall be 20,000,000 Industrial Bank of Korea (which shall be 20,000

C. In accordance with the above guarantee agreement, the Deceased agreed to reimburse the amount of the guaranteed obligation borne by the Plaintiff and the amount of damages and expenses incurred according to the rate determined by the Plaintiff.

The Deceased submitted the letter of credit guarantee, but did not repay the loan from the above lending bank. The Plaintiff subrogated to the Plaintiff on May 12, 2015 (i.e., the guaranteed principal amount of KRW 20,427,071 (= KRW 427,00,071) upon the Plaintiff’s request for notification of a guarantee accident and performance of the guaranteed obligation.

In relation to the Plaintiff’s subrogation, the Deceased did not perform the principal obligation within the agreed time limit, and thus, from April 2, 2015 to May 11, 2015, an additional guarantee fee of 32,870 won was incurred at the rate of 1.5% per annum for 40 days from May 11, 2015, the day following the expiration date of the time limit.

On June 25, 2015, the obligations to be repaid by the deceased as of June 25, 2015 are as listed below:

H. (Unit.) At first (Unit.) The amount of subrogated payment on the date of repayment by subrogation on the date of subrogation shall be calculated on December 20, 2015 in total by calculating the eligible period interest rate (%) for the interest on the amount of subrogated payment by subrogation.

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