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(영문) 서울동부지방법원 2018.05.18 2018가단103700
구상금
Text

1. The Defendant’s KRW 741,142,230 among the Plaintiff and KRW 170,960,206 among the Plaintiff, shall be KRW 566,287,93 from November 30, 2017.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) between the Plaintiff and B (hereinafter “B”), the Industrial Bank of Korea and the Korea Development Bank of Korea respectively, concluded a guarantee agreement under the Korea Technology Finance Corporation Act for each of the above banks during the guarantee period within the limit of the guaranteed amount in order to guarantee the payment of the principal and interest of loan within the limit of the guaranteed amount. In the event that the Plaintiff performed each of the above banks on behalf of B, B, the Plaintiff, and (1) by adding the guarantee fee for the principal of the terminated principal to the rate of the Plaintiff’s payment on behalf of the Plaintiff from the following day of the due date of the expiration of the due date of the payment until the due date of the due date of the payment, and (3) by adding the guarantee fee for the principal of the terminated principal to the rate of the guarantee fee applied to the Plaintiff’s payment on behalf of the Plaintiff from the due date of the due date of the payment until the due date of the due date of the expiration of the due date of the due date of the payment, and (2) each of the above guarantee agreements was concluded to pay all the legal expenses incurred by the Plaintiff in order.

(2) (A) On September 11, 2015, the Plaintiff: (a) issued a guarantee term on March 23, 2016, setting the guarantee term as KRW 168 million, and the guarantee term as KRW 200,000,000,000,000 for the principal and interest of small and medium enterprise loans to be borrowed from the Industrial Bank of Korea by the Industrial Bank of Korea; and (b) agreed to extend the guarantee term on September 21, 2017 after obtaining the said guarantee term as collateral; and (c) B obtained the loan of KRW 210,000,000 from the small and medium enterprise funds to be borrowed from the Industrial Bank of Korea

hereinafter referred to as "first loan".

(B) (B) On September 11, 2015, the Plaintiff’s guarantee period is set on September 21, 2016 as KRW 120,350,000 of the guaranteed amount, and the term of guarantee as of September 21, 2016, with respect to the principal and interest obligation of KRW 130,000,000,000,000 from the Korea Development Bank.

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