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(영문) 춘천지방법원 2015.04.01 2014가단1037
사전구상금
Text

1. The Plaintiff:

A. As to KRW 28,962,054 and KRW 26,064,820 among Defendant A, Defendant A shall be from February 14, 2014 to March 3, 2014.

Reasons

1. Determination as to the plaintiff's claim against the defendant A and B

A. Following the facts of recognition are as follows: Defendant A and B led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff, Defendant A, and Defendant A and B; and each description of evidence Nos. 2 through 9 (including paper numbers) between the Plaintiff, Defendant C and D may be acknowledged by taking into account the overall purport of the pleadings.

(1) On April 2, 2013, the Plaintiff entered into an agreement with Defendant A, who operates the “E”, to guarantee the repayment obligation of the principal and interest of the loan to Defendant A (hereinafter “instant credit guarantee agreement”) by setting the credit guarantee principal amount to KRW 25.5 million and the credit guarantee period to April 20, 2018.

(2) At the time of the instant credit guarantee agreement, Defendant A agreed to receive the amount of subrogated payment and the damages for delay calculated at the rate determined by the Plaintiff (12% per annum) from the date of the subrogated payment to the date of full payment, in the event that the Plaintiff repaid the loan to our bank on behalf of the Plaintiff on the ground of the credit guarantee accident.

In addition, Defendant A’s closure of business or continued operation for not less than 3 months, and the Plaintiff agreed that the Plaintiff may make a prior claim in cases where it is deemed necessary to preserve the claim due to the aggravation of Defendant A’s credit standing due to the aggravation of credit conditions, such as the notification of credit guarantee accidents or the request

(3) Defendant B jointly and severally guaranteed for Defendant A.

(4) Defendant A provided the instant credit guarantee agreement to the Bank as collateral and received a loan from the Bank.

However, on October 8, 2013, Defendant A lost the benefit of time due to delay in the payment of interest, etc., and upon notification to the Plaintiff around November 28, 2013, Defendant A caused a guarantee accident under the credit guarantee agreement of this case.

(5) On February 6, 2014, the Plaintiff, in accordance with the instant credit guarantee agreement, is Defendant A’s.

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