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(영문) 수원지방법원 2021.02.02 2019가단551455
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and B’s credit guarantee agreement 1) the Plaintiff concluded a credit guarantee agreement with B (hereinafter “B”) on two occasions as listed below and issued a credit guarantee agreement.

(2) The Plaintiff’s repayment rate of the principal and interest of the Bank’s loan of small and medium enterprise loans of KRW 900,000,000 (hereinafter “the instant credit guarantee agreement”) was changed on April 4, 201 to March 29, 2019 (hereinafter “the instant credit guarantee agreement”) and KRW 900,000,000 ( March 340, 2019) (hereinafter “the instant credit guarantee agreement”) obtained from the Industrial Bank of Korea’s loan of small and medium enterprise funds of KRW 400,000,000 ( March 26, 2019) (hereinafter “the instant credit guarantee agreement”) to the Plaintiff at the interest rate of KRW 400,000,000,000,000,000 (hereinafter “the instant credit guarantee agreement”). The Plaintiff’s repayment rate was delayed from the date of the Plaintiff’s repayment to the expiration date of the guarantee agreement (hereinafter “each credit guarantee agreement”).

B. The defendant's joint and several sureties guaranteed the defendant's liability for indemnity against the plaintiff B under each credit guarantee agreement of this case.

(c)

On June 25, 2019, the Plaintiff’s occurrence of a guarantee accident and the Plaintiff’s reimbursement 1) B applied for the commencement of rehabilitation proceedings as the meeting of 145 meeting of Suwon Friwon 2019. On July 31, 2019, the said court made a decision to initiate rehabilitation proceedings with respect to B.

2) On June 28, 2019, the Plaintiff subrogated to the Industrial Bank of Korea KRW 815,019,115 pursuant to the Credit Guarantee Agreement and KRW 287,820,740 pursuant to the Credit Guarantee Agreement, respectively.

3) Additional guarantee fees under the credit guarantee agreement of this case 1 are KRW 2,995,890, and February 2, of this case.

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