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(영문) 대전지방법원 2018.09.13 2017가단220376
구상금
Text

1. As to KRW 66,093,441 and KRW 65,705,81 among them, the Defendant shall pay to the Plaintiff the year from June 22, 2017 to July 24, 2017.

Reasons

1. Facts of recognition;

A. On June 8, 2009, the Defendant entered into a credit guarantee agreement with the Plaintiff as to the loan of general capital for business operation, which the Defendant is to receive from the Bank of Korea, with the principal of the guaranteed principal of KRW 100,000,000, and the term of guarantee until June 7, 2010 (which was thereafter extended until March 9, 2017), and obtained a credit guarantee certificate (guarantee No. B) with the above contents, and thereafter borrowed KRW 100,000 from the Bank of Korea at that time.

B. According to the above credit guarantee agreement, when the plaintiff performed the guaranteed obligation, the defendant decided to pay to the plaintiff damages calculated by multiplying the amount of the performance of the guaranteed obligation by the rate set by the plaintiff from the date of the performance of the guaranteed obligation to the date of repayment 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

C. At the time of the above credit guarantee agreement, C, the representative director of the defendant, jointly and severally guaranteed all debts owed by the defendant to the plaintiff according to the above credit guarantee agreement.

On June 22, 2017, the Defendant, around 2017, caused a credit guarantee accident in arrears with the above loans to our bank, and the Plaintiff, on June 22, 2017, by subrogation, paid 65,705,811 won to our bank.

E. Under the aforementioned credit guarantee agreement, the rate of damages for claims for indemnity as determined by the Plaintiff is 10% per annum from June 22, 2017 to the date, and the penalty for delay of the Plaintiff’s loan is 387,630 won.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the Defendant prescribed the credit guarantee agreement as to the Plaintiff’s total amount of KRW 66,093,441 (amounting to 65,705,811 + penalty for subrogation + KRW 387,630) and the amount of subrogated payment of KRW 65,705,81, which is the date of subrogation, from June 22, 2017 to July 24, 2017, which is obvious in the record that it is the date of final delivery of the instant payment order.

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