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(영문) 대구지방법원 2020.01.17 2018가단141258
구상금 등
Text

1. As to KRW 52,151,412 and KRW 50,941,492 among the Plaintiff, Defendant A’s year from November 22, 2018 to March 1, 2019.

Reasons

1. Chief;

A. The plaintiff's assertion

1. Conclusion of credit guarantee agreements;

A. On July 31, 2014, Defendant A entered into a credit guarantee agreement with Defendant A and D on a loan agreement with Defendant D (hereinafter “D”) for a general loan agreement of KRW 50,000,000 (see the Credit Guarantee Agreement No. 1). On the same day, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the amount to be loaned to Defendant A pursuant to the Regional Credit Guarantee Foundation Act (see the Credit Guarantee Agreement No. 2), and issued the following credit guarantee agreement to D:

(A) A evidence 3, A evidence 4-1 to 3 respectively. - D - D - Guarantee Number: 50,000,000 won (C): July 30, 2015 (this is changed to July 27, 2018)

B. (1) In the event of an occurrence of an occurrence of an occurrence of a guarantee after concluding the guarantee agreement within the scope of the guaranteed principal, the Plaintiff agreed to pay by subrogation the sum of the Plaintiff’s articles of incorporation and the operating manual out of the principal of the guaranteed principal, the amount of accrued interest to be applied in the event that the due date for the repayment of the guaranteed loan has not yet arrived until the repayment of the guaranteed principal, and the expenses paid by D in order to recover the guaranteed loan.

(A) (See the Credit Guarantee Agreement). (2) In the event that the Plaintiff performs the above guaranteed obligation, Defendant A agreed to pay to the Plaintiff damages in accordance with the interest rate prescribed by the articles of incorporation after the date of performance and other expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s rights, in addition to the amount of performance.

(See A’s Credit Guarantee Agreement). On the other hand, the rate of damages determined by the Foundation’s articles of incorporation is 10% per annum from January 1, 2018.

(A) No. 5, the fifth agenda of the board of directors). 2. The scope of the Plaintiff’s subrogation, etc.

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