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(영문) 춘천지방법원강릉지원 2016.10.12 2016가단3337
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 28,046,266 and KRW 27,05,028 among them:

B. Defendant B and C are Defendant A.

Reasons

1. Facts of recognition;

A. On February 29, 2008, the Plaintiff entered into a credit guarantee agreement with D and credit guarantee principal of KRW 21,250,000, and the credit guarantee period from February 29, 2008 to February 28, 2010 (the extension from February 28, 2016 to February 28, 2016), respectively, and issued a credit guarantee agreement with D during the credit guarantee period from June 2, 2009 to May 27, 2015 (the extension from June 2, 2009 to May 27, 2016).

B. D, as a credit guarantee letter received from the Plaintiff on February 29, 2008, borrowed respectively KRW 25,000,000 from Samyang Agricultural Cooperatives, and KRW 5,000,000 from the Namyang Saemaul Community Depository on June 2, 2009.

C. According to each of the above credit guarantee agreements, when the Plaintiff performed the guaranteed obligation, D and the joint guarantor shall refund to the Plaintiff the amount of the performance of the guaranteed obligation, damages according to the rate set by the Plaintiff from the date of repayment to the date of repayment, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of the right acquired from

Defendant A jointly and severally guaranteed all the obligations that Defendant D should return to the Plaintiff according to the above credit guarantee agreement.

E. On November 2, 2015, Samyang Agricultural Cooperatives notified the Plaintiff of the credit guarantee accident on the ground of the natural body D’s natural body, and on December 23, 2015, the Namyang Saemaul Cooperatives notified the Plaintiff of the credit guarantee accident on the ground of the natural body D’s natural body.

Accordingly, on March 10, 2016, the Plaintiff paid a total of KRW 21,980,438 ( principal 21,250,000 won up to March 9, 2016, and KRW 5,074,590 (principal 5,00,000,000 won up to March 9, 2016) to the Namyang Saemaul Cooperative, respectively, in total, KRW 5,590 ( principal 5,00,000,00 won up to March 9, 2016).

F. Meanwhile, the amount to be repaid by D pursuant to each credit guarantee agreement as above is KRW 10,470, and KRW 358,132 in addition to the amount of each subrogated payment, and KRW 358,132 in addition to the amount of each subrogated payment, and KRW 3,000 as of May 18, 2015.

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