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(영문) 부산지방법원 2015.08.26 2014가합52400
구상금
Text

1. The defendants jointly and severally stand for 137,256,430 won and 136,002,882 won among them, and the defendant A from October 31, 2014 to the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a special corporation established for the purpose of guaranteeing obligations owed by small and medium enterprises which lack security capacity, and the Plaintiff is an Defendant L&A Co., Ltd. (hereinafter “N&A”) on August 2, 2013 and April 17, 2014.

(2) The credit guarantee agreement between the two are as follows (hereinafter referred to as the “instant credit guarantee agreement”):

(2) On August 2, 2014, Defendant A concluded a credit guarantee agreement, and Defendant A jointly and severally guaranteed the liability for reimbursement that Defendant A bears to the Plaintiff. On August 1, 2014, Defendant A borrowed KRW 150 million from the Busan Bank on April 16, 2014, as follows: (a) on August 2, 2014, 2000 general loan loan Busan Bank 2 C45,000,000; and (b) on April 16, 2015, Defendant B&C submitted a credit guarantee agreement under the instant credit guarantee agreement to the Busan Bank on August 2, 2013; and (c) on April 17, 2014, Defendant A borrowed KRW 150 million from the Busan Bank as the following table.

No. 50,000,000 B 90,000,000 on April 17, 2014, 2014, 100,000 on the guaranteed amount of loan (the original guaranteed amount) No. 100,000,000 C 45,000,000 on the date of loan

B. The occurrence of a credit guarantee accident and subrogation 1) Defendant L&W caused a credit guarantee accident as a natural body, etc. around September 2, 2014. The Plaintiff subrogated to the Busan Bank on October 31, 2014 for the principal amount of KRW 136,002,882 (i.e., the principal amount of KRW 135,000,000) based on the instant credit guarantee agreement (i.e., the principal amount of KRW 1,002,882) under the instant credit guarantee agreement. (ii) According to the instant credit guarantee agreement, the Plaintiff shall be paid damages for delay calculated at the rate determined by the Plaintiff from the date of performance to the date of repayment. However, the rate determined by the Plaintiff from the date of subrogation to the date of payment is 12% per annum.

3. On the other hand, according to the credit guarantee agreement of this case, the defendant Lee & Lee in E&W shall be punished by the plaintiff's prescribed rate and calculation method.

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