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(영문) 부산지방법원 2014.12.10 2014가단216863
구상금
Text

1. The Plaintiff:

A. For Defendant A: 152,214,853 won and 152,180,468 won among them:

B. Defendant B is Defendant A.

Reasons

1. Determination as to the cause of claim

A. Fact 1) On April 16, 201, the Plaintiff changed the guarantee term to April 15, 201 (the guarantee term was changed to April 11, 2014) with Defendant A, the guarantee term of which was changed to KRW 25,500,000, and the guarantee term of which was changed to April 11, 201.

(i) a credit guarantee agreement to be a credit guarantee agreement (hereinafter referred to as “credit guarantee”);

B) On May 18, 2010, with respect to the Defendant’s obligation to repay loans to a national bank, the guaranteed amount of KRW 100,000,000, and the guaranteed period until May 17, 2013 (this later guarantee period was changed by May 16, 2014).

(ii) a credit guarantee agreement to be made (hereinafter referred to as “credit guarantee for 2”);

(B) On April 16, 2013, a credit guarantee agreement between the Defendant’s obligation to repay loans to a national bank (hereinafter “third credit guarantee agreement”) with the guaranteed amount of KRW 38,250,000 and the guaranteed period of April 15, 2014 (hereinafter “third credit guarantee”).

(2) According to the credit guarantee agreement of this case, Defendant A concluded each contract, and Defendant B jointly and severally guaranteed the obligation under the above credit guarantee agreement of this case. (2) According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation under the credit guarantee agreement of this case, Defendant A shall pay the amount repaid to the Plaintiff by the Plaintiff and the damages for delay in accordance with the rate determined by the Plaintiff from the date of repayment to the date of full payment, and if the Plaintiff’s guaranteed obligation is not rescinded by the guarantee liability within the guarantee period, the amount of the guaranteed obligation which has not been performed by the Plaintiff shall be paid the penalty at the rate calculated by adding

3) Upon occurrence of a credit guarantee accident around November 13, 2013 to Defendant A, the Plaintiff: (a) on March 24, 2014, on the Industrial Bank of Korea under the first credit guarantee; (b) on March 24, 2014, paid 26,91,361 won to the National Bank; (c) 86,921,489 won under the second credit guarantee; and (d) on the third credit guarantee, 39,24,458 won under the third credit guarantee; and (c) thereafter, recovered 76,840 won out of the subrogated payment of the second credit guarantee.

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