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(영문) 전주지방법원 2017.08.30 2017가합1522
구상금 및 사해행위취소
Text

1. As to KRW 301,535,965 and KRW 301,535,859 among the Plaintiff, Defendant A shall be from March 20, 2017 to April 7, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s claim against Defendant A is a branch of the Military Service Corporation of the Bank of Korea (hereinafter “Korea Bank”).

(2) As to the obligation to be loaned from the Fund, each credit guarantee agreement with the content of the following table (hereinafter referred to as the “each credit guarantee agreement of this case”).

(2) According to each of the credit guarantee agreements of this case on July 14, 2017, Korea bank 2108,000,000 on July 14, 2017 (based on the extension period) as of July 14, 2015, when Defendant A performed a guaranteed obligation on behalf of Korea bank on behalf of Korea, due to the failure of Defendant A to perform the guaranteed obligation on the date of a guarantee agreement, Defendant A shall pay to the Plaintiff the amount of the guaranteed obligation and the amount of damages at the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the Plaintiff until the date of repayment of the guaranteed obligation.

The rate of damages for delay determined by the Plaintiff is 10% per annum from February 1, 2016 to the date.

3) Defendant A received each loan from a bank under a credit guarantee agreement issued by the Plaintiff under each credit guarantee agreement of this case. However, on February 14, 2017, the credit guarantee accident occurred on the grounds of delinquency in the principal of the loan and loss of the benefit of time and suspension and closure of business. 4) Accordingly, on March 20, 2017, the Plaintiff made a total of KRW 108,660,189 under the credit guarantee agreement of 108,660,189 (= principal amount of KRW 108,00,000, KRW 660,189) under the credit guarantee agreement of 2nd credit guarantee agreement of 99,605,173 (= principal amount of KRW 99,00,000, KRW 605,000, KRW 173), and KRW 93,657,057, KRW 93,000, KRW 300, KRW 379,5095).

5) The Plaintiff recovered KRW 387,560, out of the amount of subrogation under the credit guarantee contract No. 1 of the above table on the date of the above subrogation, and thereby, the amount of finalized damages (=387,560 won x 10% x 10% x 1/365, and less than KRW 1/365.

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