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(영문) 대구지방법원 2017.10.20 2016가단127432
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Chief;

A. The Plaintiff as a party is a non-profit special corporation established under the Credit Guarantee Fund Act for the purpose of facilitating the financing of an enterprise by guaranteeing the debt of an enterprise which lacks security capability. On May 2009, the Plaintiff entered into a credit guarantee agreement with the non-party company (hereinafter referred to as the “non-party company”) and issued a credit guarantee agreement to the national bank with the non-party company in receiving a loan of KRW 200 million from the national bank.

In addition, the non-party C entered into a joint and several guarantee contract with the Plaintiff for the indemnity obligation under the credit guarantee agreement of the non-party C.

B. Around February 6, 2015, a non-party company due to the occurrence of an obligation for reimbursement occurred due to bad credit standing, such as default of national taxes, etc., and on November 17, 2015, the occurrence of a credit guarantee accident involving overdue payment of principal of the said loan.

In addition, on February 12, 2016, the Plaintiff received a claim from the National Bank for the performance of guaranteed obligations under a credit guarantee agreement, and subrogated to the National Bank in total of KRW 156,578,607.

On February 17, 2017, the Plaintiff filed an application for the payment order of indemnity with the non-party company and the above C after subrogation, and on February 17, 2017, the payment order was finalized that “The non-party company and C shall jointly and severally pay to the Plaintiff KRW 156,659,067 and KRW 156,578,607 at the rate of 12% per annum from February 12, 2016 to the date of delivery of this payment order, and the statutory delay damages and the payment procedure expenses of KRW 248,70 per annum from the next day to the date of full payment.”

C. After the payment order was issued on the scope of the claim for indemnity, the Plaintiff paid the legal procedure expenses in relation to the claim for indemnity, etc., and thus the Plaintiff received the claim for indemnity from the non-party company and the above C (i.e., the remainder of KRW 156,578,60,060 (=the remainder of KRW 582,469,000,000,000).

The amount of indemnity of the Defendant Company;

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