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(영문) 광주지방법원 2018.07.20 2018가단506877
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 86,464,471 and KRW 85,905,52 from June 20, 2017 to January 2018.

Reasons

1. The fact of recognition (the fact of being deemed white);

A. In a credit guarantee agreement and joint and several sureties agreement with the Plaintiff, when the Plaintiff performed the credit guarantee obligation due to the Plaintiff’s failure to perform the obligation of a loan which is the principal obligation, the Defendant entered into a credit guarantee agreement with the Plaintiff on May 30, 201 with the content that ① the obligee’s payment for the performance of the obligation by subrogation and its delayed payment from the date of the performance date to the date of full payment; ② the penalty calculated by adding the rate of the obligee’s annual rate from the day following the expiration date of the due date of payment to the date preceding the date of payment to the date of payment; ③ the guarantee fee applying the rate of 10% per annum to the obligee’s payment amount; ④ the overdue fee applying the rate of 10% to the unpaid guarantee fee if the guarantee fee is not paid; ④ the obligee’s payment for the performance of the obligation by the obligee to pay all incidental obligations such as legal procedure expenses, etc., which the obligee paid to the obligee under the credit guarantee agreement as above.

B. The Plaintiff’s credit guarantee agreement with the Defendant on May 30, 2013, based on the credit guarantee agreement with the Defendant, issued the said credit guarantee agreement for the principal and interest of KRW 110,00,000 to the Defendant’s general loan that the Defendant would have borrowed from the Nonghyup Bank; the guarantee period is from May 30, 2013 to May 29, 2014; the Defendant issued a credit guarantee certificate of KRW 99,00,000 to the amount of KRW 110,000 to the Defendant’s loan on several occasions (amount: 89,250,000,000). The Defendant modified the conditions (amount: 89,250,000, May 26, 2017).

C. The Defendant, as of May 18, 201, lost the benefit of the due date for repayment of the loan due to bad faith, and thus, lost the benefit of the repayment obligation.

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