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(영문) 대구지방법원 2017.12.19 2017가단129350
구상금
Text

1. The Defendant’s KRW 2,032,206,202 among the Plaintiff and KRW 895,92,695 among the Plaintiff, shall be KRW 1,136,212,810 from August 1, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with B Co., Ltd. (hereinafter “SP”), as follows, and the Nonparty Company received a credit guarantee agreement issued through each of the above agreements from the Korea Standards Bank and Han Bank as collateral.

The amount of loan guaranteed by the creditor bank 2016-08-22 1,13,00,000 890,400,400 2017-06-30 2016-16-16, 335,000,000, 135,068,000,000 2D Han Bank 2-16, 2016-116, 2017-18-18, 2017-05-18-18-18, 2016-11-21 Trade Finance 3 Ei Bank 2016-16-167,000,000,000, 50,000, 2017-10-1618-216-16.

B. According to the above credit guarantee agreement between the plaintiff and the non-party company, when the plaintiff performs the guaranteed obligation, the non-party company agreed to pay the amount of subrogated payment to the plaintiff, damages for delay, penalty for delay, substitute payment, guarantee fee, and fees stipulated in the Credit Guarantee Fund

C. The defendant jointly and severally guaranteed the non-party company's indemnity liability against the plaintiff according to each credit guarantee agreement of this case.

On May 22, 2017, a guarantee accident occurred for a non-party company in arrears with the repayment of each of the above loans. Accordingly, on August 1, 2017, the Plaintiff subrogated 898,539,475 won in accordance with the credit guarantee agreement set forth in No. 1 of the above Table to the Korea Standards Agency on August 1, 2017, and the Plaintiff paid 895,992,695 won in subrogation as a result of partial recovery. On August 17, 2017, the Plaintiff subrogated 1,136,212,810 won in subrogation to one bank pursuant to the credit guarantee agreement set forth in No. 2 and 3 of the above Table.

E. The rate of damages for delay stipulated in each credit guarantee agreement of this case is 10% per annum from January 31, 2016.

F. The amount of indemnity under each of the above credit guarantee agreements shall be determined at the end of the agreement on credit guarantee No. 1 as a result of the recovery of part of the amount of indemnity.

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