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(영문) 청주지방법원제천지원 2019.03.20 2018가단22264
구상금
Text

1. The Defendant’s annual interest in KRW 21,085,419 and KRW 19,943,108 among the Plaintiff, from January 30, 2018 to June 27, 2018.

Reasons

1. Facts of recognition;

A. On September 18, 2014, the Plaintiff entered into a credit guarantee agreement with the Defendant (hereinafter “instant agreement”) with the term “20,000,000 won of the guaranteed principal, and September 16, 2017,” and issued a written credit guarantee to the Defendant on the same day.

B. The main contents of the instant agreement are as follows.

1) In the event that the Plaintiff fulfilled the guaranteed obligation, the Defendant shall pay to the Plaintiff the “compensation for delay calculated by multiplying the amount of the guaranteed obligation, the amount of the guaranteed obligation discharged, the rate calculated by the Plaintiff’s calculation method, the expenses incurred in the discharge of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the discharge of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, and the amount paid under the above paragraphs and the above paragraphs by the rate as determined by the Plaintiff from the payment date until the payment date. 2) In the event that the Plaintiff received a notice of a credit guarantee accident under the credit guarantee agreement or a claim for the performance of the guaranteed obligation from any of the creditors of other credit guarantee obligations under the contract of this case

C. The applicable rate of damages for delay applied when the Plaintiff performed the guaranteed obligation under the instant agreement is 17% per annum until June 30, 2013 and 12% per annum from July 1, 2013.

On September 18, 2014, pursuant to the credit guarantee agreement of this case, the Defendant borrowed KRW 20,000,000 from the bank.

E. On April 7, 2017, the Plaintiff was notified by the Bank of B of the credit guarantee accident stating that “this natural body was caused by aggravation of sales revenue from business depression” in relation to the Defendant.

F. On January 30, 2018, the Plaintiff subrogated for KRW 19,943,108 of the principal and interest of the Defendant to B Bank.

The Plaintiff spent KRW 1,142,311 as provisional attachment expenses, provisional disposition expenses, additional guarantee fees, etc. in relation to the payment by subrogation.

[Reasons for Recognition]

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