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Reasons
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(영문) 대전지방법원 2016.01.28 2014가단225158
구상금
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1. Defendant A’s KRW 112,346,293 and KRW 45,491,40 among the Plaintiff and KRW 65,70,853 from August 27, 2014.

Reasons

1. Facts of recognition;

A. On October 12, 2012, the Plaintiff and Defendant A’s credit guarantee agreement 1) with respect to the principal and interest of loans to be borne by Defendant A and Defendant A to Nonghyup Bank, the Plaintiff is a credit guarantee agreement with the maximum amount of KRW 45,000,000, and the term of guarantee until October 10, 2014 (hereinafter “credit guarantee agreement of this case”).

(2) Defendant A submitted a credit guarantee agreement issued by the Plaintiff pursuant to the credit guarantee agreement of this case to the Nonghyup Bank. The Plaintiff borrowed KRW 45,00,000 from the Nonghyup Bank. (2) On August 26, 2013, Defendant A and Defendant A entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”). Defendant A submitted a credit guarantee agreement of this case issued by the Plaintiff pursuant to the credit guarantee agreement of this case to the Bank under the credit guarantee agreement of this case, and borrowed KRW 72,00,000,000 from the Bank.

3. According to each credit guarantee agreement of this case, if the Plaintiff received a claim from the obligee for the discharge of the guaranteed obligation due to Defendant A’s default of obligation, etc., the Defendant A ought to pay to the Plaintiff the amount of the obligation to discharge the guaranteed obligation, the amount of damages incurred by delay of 12% per annum, and the guarantee fee, fine for negligence, damages, advances, etc. arising from the credit guarantee agreement

B. The occurrence of a credit guarantee accident, and the performance of the Plaintiff’s guaranteed obligation, Defendant A incurred a credit guarantee accident caused by overdue interest to the Nonghyup Bank and the Bank on July 11, 2014.

The Plaintiff repaid each of the KRW 45,491,40 to Nonghyup Bank on August 27, 2014 under the Credit Guarantee Agreement, and KRW 65,700,853 on September 18, 2014 under the Credit Guarantee Agreement, and the Plaintiff paid each of the KRW 1,083,840 on September 18, 2014 under the Credit Guarantee Agreement. The Plaintiff’s expenses incurred in preserving the Defendant’s claim for reimbursement against the KRW 1,083,840 on September 2, 20

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