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(영문) 인천지방법원 2019.07.03 2019가단205106
구상금
Text

1. As to KRW 40,163,657 and KRW 39,838,649 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 25, 2019 to May 3, 2019.

Reasons

1. Indication of claim;

A. The Plaintiff is a legal entity established with the aim of facilitating its financing and contributing to the revitalization of the regional economy through efficient management and operation of credit information by ensuring that the Plaintiff has weak credit potential, but has good credit standing, and guaranteeing obligations of small enterprises, etc.

B. On March 16, 2009, the Plaintiff and the Defendant (B Licensed Real Estate Agent Office) concluded a credit guarantee agreement with the Defendant on March 08, 2019 for KRW 50,000,000 of the amount guaranteed for a corporate ordinary loans that the Defendant would receive from D Bank as a guarantee number C, and with the term of guarantee as of March 08, 2019.

(see Credit Guarantee Agreements No. 1). (c)

According to the above credit guarantee agreement, the defendant would pay the amount of performance, the rate of loss determined by the plaintiff from the date of performance of the guaranteed obligation to the date of repayment, and the 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, expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, premiums paid by the plaintiff on behalf of the plaintiff, insurance premium paid by the plaintiff, the preservation

(see Credit Guarantee Agreements No. 1). (d)

The defendant obtained a loan from the non-party D Bank as a collateral for the above credit guarantee, and on October 21, 2018, the defendant lost the benefit of the loan due to a credit guarantee accident (natural body). On January 21, 2019, the plaintiff subrogated to the above D Bank for KRW 39,838,649, which is the principal and interest of the loan due to the above credit guarantee agreement, and currently the claim for indemnity against the defendant is as follows.

(A) The credit guarantee certificate No. 2, the notice of credit guarantee accident No. 3, the certificate of subrogation No. 4, and the current status of claims for reimbursement No. 5).

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