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Reasons
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(영문) 부산고등법원 2017.11.08 2017나54848
약정금
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1. The part concerning the defendant in the judgment of the court of first instance concerning the defendant shall be modified as follows:

The defendant shall be from net E (F).

Reasons

1. Facts of recognition;

A. 1) The Korea Technology Credit Guarantee Fund shall enter into a credit guarantee agreement with the joint defendant A Co., Ltd. of the first instance trial (hereinafter “A”).

(2) On July 26, 191, the principal and interest of a loan received from the Bank of Japan (the guaranteed principal amount of KRW 50 million) from the Bank of Korea on July 26, 1991, the principal and interest of a loan (the guaranteed principal of KRW 50 million) received from Gyeonggi Bank on February 13, 1993 (the guaranteed principal and interest of a loan of KRW 30 million) ④ The principal and interest of a loan (the guaranteed principal and interest of KRW 200 million) received from Cho Jong Bank on September 28, 1993 (the guaranteed principal and interest of KRW 20 million) and E and G Co., Ltd (the “G”) (hereinafter referred to as the “G”) jointly and severally guaranteed each credit guarantee agreement.

B. A) The Korea Technology Credit Guarantee Fund's subrogation 1) had defaulted on December 23, 1993 and failed to pay the principal and interest of the loan under Section A. The Korea Technology Credit Guarantee Fund shall, on behalf of A, pay for ① 52,432,896 won to the Japan Bank on April 19, 194, ② 33,652,602 won to the Industrial Bank of Korea on March 22, 1994, ③ 31,527,945 won to the Gyeonggi Bank on May 27, 1994, ④ 209,359,381 won to the Gyeonggi Bank on May 9, 1994, and the aggregate amount of damages for delay of the payment from 326,972,82,824 won to 19.19% from 19.8% from 19.8% from 19.8.195% from 19.28% from 198.15% from 19.28.198.1.1.28.198.

3)The unpaid balance out of the procedural costs paid by the Korea Technology Credit Guarantee Fund to secure A and E shall be KRW 2,829,300. 4) If A fails to meet its obligation within the warranty period, the additional guarantee fee shall be paid to the Korea Technology Credit Guarantee Fund. The guarantee fee shall be KRW 463,960 in total.

C. The Korea Technology Credit Guarantee Fund. On March 13, 1999

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