logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.03 2015나64611
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 28, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant on October 26, 2012 (hereinafter “the first guarantee agreement”) with a maximum amount of KRW 10 million,000,000,000,000 for loans that the Defendant would receive from the Agricultural Cooperatives Federation (hereinafter “CF”) (hereinafter “the first guarantee agreement”).

On January 28, 2010, the Plaintiff entered into a credit guarantee agreement with the Defendant on January 28, 2010 (hereinafter “the second guarantee agreement”) with a maximum guarantee amount of KRW 10 million, and January 28, 2013 (the change to January 27, 2015) (hereinafter “the second guarantee”).

B. At the time of the agreement on credit guarantee of the above 1 and 2, the defendant paid damages for delay at the interest rate determined by the plaintiff, taking into account the overdue loan interest rate of financial institutions within the limit of 25% per annum when the plaintiff performed the guaranteed obligation, and agreed to reimburse expenses incurred by the plaintiff in relation to the preservation, transfer, exercise, etc. of the right acquired by the plaintiff as a result of the discharge

C. The Defendant borrowed KRW 20 million, each of the credit guarantee agreements based on each of the above credit guarantee agreements, as collateral, from agricultural cooperatives, in total, KRW 10 million, each over two times. Around December 27, 2014, the Defendant lost its interest due to each of the principal and interest arrears.

Accordingly, on April 13, 2015, the Plaintiff repaid the principal and interest of 4,080,326 won due to the first guarantee to Nonghyup. On April 13, 2015, the Plaintiff repaid the principal and interest of 6,135,031 won due to the second guarantee to Nonghyup.

On the other hand, as of April 13, 2015, additional guarantee fee to be borne by the defendant is KRW 18,730, and the balance of the cost of preserving the claim is KRW 171,150.

The plaintiff shall set damages for delay at the interest rate determined by the plaintiff, taking into account the overdue loan interest rate of financial institutions within the limit of 25% per annum pursuant to Article 28 of the Regional Credit Guarantee Foundation Act. The plaintiff's internal provisions are applicable.

arrow