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(영문) 창원지방법원 2019.02.14 2017가합53708
구상금
Text

1. As to the Plaintiff, Defendant A’s KRW 707,332,081 and KRW 702,494,650 among them, from June 29, 2017 to September 6, 2017.

Reasons

1. Claim against the defendant A;

A. Fact 1) The Plaintiff entered into a credit guarantee agreement with Defendant A as set out in the following table 1:

Article 3 (Payment of Guarantee Fees, etc.) (3) If the principal fails to discharge the principal obligation within the due date, he shall be paid a penalty calculated by multiplying the amount guaranteed, among the guaranteed obligations, by the rate calculated by multiplying the guarantee fee rate by the rate of 0.5% per annum.

Article 10 (Scope of Repayment) (1) When a new guarantor has performed a guaranteed obligation, the principal and joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

1. Performance amount of surety obligations;

2. The principal and the joint guarantor shall pay damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the new report from the date of performance of the guaranteed obligation until the date of repayment.

2. The Defendant A obtained a loan from a financial institution as listed below 2, using the credit guarantee certificate under the credit guarantee agreement as set out in the table 2. The credit guarantee agreement 1 C 697,00,000 loan amount (won) 1 C 697,000,000 D Bank Dong Branch on April 22, 2016. The credit guarantee accident occurred on April 4, 2017. The Plaintiff subrogated the Defendant A to a financial institution on his/her behalf, as shown below 3.

The principal of the date of payment by subrogation of the guaranty number in the table 3.

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