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(영문) 광주지방법원 2020.08.14 2019가단517539
양수금
Text

1. As to KRW 188,363,602 and KRW 60,051,194 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 25, 2019 to May 3, 2019.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. (1) On March 28, 200, the organization of D (hereinafter “D organization”) which is the managing agency of the Fund for Farmers and Fishermen, such as issuance of a credit guarantee certificate and subrogation, entered into a credit guarantee agreement with the Defendant and the guaranteed amount of KRW 50,00,000, and the guaranteed period of KRW 2 years from the date of loan (hereinafter “the instant credit guarantee agreement”) and issued a credit guarantee certificate on the same day (hereinafter “the instant credit guarantee certificate”).

On March 28, 200, the Defendant entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with E Union and loan amounting to KRW 50,000,000, and the expiration date of the loan period as of March 28, 2002.

When the Defendant delays the repayment of principal and interest pursuant to the loan transaction agreement of this case, E Union made a bad debt judgment on December 19, 2003 and requested D Association to discharge the guaranteed obligation pursuant to the credit guarantee agreement of this case. As of December 22, 2003, the obligation pursuant to the loan transaction agreement of this case was KRW 50,000,000 as of December 22, 2000 and interest or delay damages from May 22, 2000 to December 22, 2003, the sum of KRW 77,794,513 as of December 22, 2003.

According to Article 9(3)1 of the Credit Guarantee Terms and Conditions applicable to the Credit Guarantee Agreement, the scope of the performance of the guaranteed obligation under the Credit Guarantee Agreement is “the outstanding principal of the guaranteed obligation and the amount of interest not collected at the agreed interest rate for three months from the due date of repayment of the guaranteed obligation.” On December 19, 2003, D Organizations subrogated to KRW 60,000,000, total of the guaranteed principal under the Credit Guarantee Agreement and interest thereon, among the entire principal and interest of the guaranteed obligation owed by the Defendant to E Association pursuant to the Credit Guarantee Agreement in accordance with the Credit Guarantee Agreement.

(2) D organizations, such as the confirmation of payment order and the transfer of bonds, etc., are entitled to recourse against the defendant under the credit guarantee agreement of this case.

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