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(영문) 대전지방법원 2017.08.09 2016가합105026
구상금 등
Text

1. Defendant A and Defendant B jointly and severally share KRW 273,380,262 to the Plaintiff and KRW 182,310,123 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation established under the Credit Guarantee Fund Act with the aim of contributing to the development of the national economy by facilitating corporate financing through the guarantee of the liabilities of an enterprise which lacks security capacity, and Defendant B is the representative of Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B. The amount guaranteed (the changed amount) guarantee number (the due date) guarantee period (the due date) guarantee period (the due date) guarantee period (the due date) guarantee period, such as the conclusion of a credit guarantee agreement, shall be October 18, 2012, E 90,000,000 on October 14, 2016, 10% 10% on June 3, 2014, F 48,000,000,000 on June 3, 2014, 30% on June 2, 2016, 132,000,000,000 on June 23, 2014, the Plaintiff and the Defendant and the Plaintiff under the Defendant Company (hereinafter referred to as “instant table”).

2) Each credit guarantee agreement (hereinafter referred to as the “each credit guarantee agreement of this case”) shall be the same as the credit guarantee agreement.

(2) The provisions relating to this case in the credit guarantee agreement (Evidence A No. 123) prepared at the time of each credit guarantee agreement of this case are as follows.

Article 3 (Payment of Fees, etc.) If the principal fails to discharge the principal obligation within the deadline for the discharge of the principal obligation, he shall be paid a penalty calculated by multiplying the amount guaranteed, among the guaranteed obligations, by the rate calculated by adding 0.5% per annum to the guarantee fee rate.

Article 10 Scope of Repayment ① When the plaintiff has fulfilled the guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

5. The unpaid guarantee fee, delayed guarantee fee, and penalty Article 16 (1) The joint and several sureties shall be jointly and severally liable with the principal for all obligations to be borne under the provisions of this Agreement;

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