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(영문) 서울서부지방법원 2015.05.15 2015가단2174
구상금
Text

1. The Defendant’s KRW 29,418,201 as well as the Plaintiff’s annual rate from August 8, 2005 to January 30, 2015.

Reasons

1. Facts of recognition;

A. On April 4, 1996, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) between the two printing companies and the two printing companies, between the guarantee limit of both Co., Ltd. and the guarantee limit of 30 million won (the subsequent change to 24 million won) and April 3, 1997 (the subsequent extension to April 3, 1998), and the Plaintiff (A) and the Defendant (B) under the credit guarantee agreement of this case were jointly and severally and severally liable to the Korea Technology Credit Guarantee Fund for both printings under the credit guarantee agreement of this case.

B. Meanwhile, there was no agreement between the Plaintiff and the Defendant, a joint and several surety, on the internal burden.

C. According to the credit guarantee contract of this case, when the Korea Technology Credit Guarantee Fund has fulfilled its guaranteed obligation, it is agreed that it will pay 20% per annum from November 1, 1998 to February 29, 200, 18% per annum from the next day to April 16, 200, and 16% per annum from the next day to the next day to the full payment date) and additional guarantee fees (1.5% per annum) and other legal and procedural expenses for executing, preserving and exercising its guaranteed obligation.

On Apr. 3, 1998, the Korea Technology Credit Guarantee Fund, based on the guarantee contract of this case on Nov. 20, 1998, filed a claim for reimbursement amount of KRW 26,352,737 (Seoul Central District Court Decision 2002Da171617) against the both-printed printing companies, the plaintiff, and the defendant, etc. by subrogation, and then filed a claim for reimbursement amount of KRW 25,939,75 (the Seoul Central District Court Decision 2002Da171617) until April 27, 2004.

E. On April 27, 2004, the Plaintiff paid KRW 31,730,00 to the Korea Technology Credit Guarantee Fund.

Accordingly, the Korea Technology Credit Guarantee Fund shall pay the amount to 26,352,737 won by subrogation, 226,840 won by additional guarantee fee, 5,136,270 won by subrogation, and 14,153 won by subrogation.

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