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(영문) 대전지방법원 2017.12.15 2017가단211792
구상금
Text

1. The Defendant jointly and severally with the Plaintiff as to KRW 300,478,702 and KRW 299,490,494, among them, shall be jointly and severally with the Defendant Company B.

Reasons

1. Facts of recognition;

A. On November 12, 2015, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) on a credit guarantee principal of KRW 297,50,000, and the credit guarantee period from November 12, 2015 to November 11, 2016, with respect to loan obligations it owes to the Bank of Korea (hereinafter “the instant credit guarantee agreement”), and signed and sealed the said credit guarantee agreement as joint and several sureties.

B. B, based on the above credit guarantee agreement on November 12, 2015, borrowed KRW 350,000,000 from the Industrial Bank of Korea’s point of view.

C. On October 19, 2016, a guarantee accident caused by the registration of credit management information in B, and accordingly, the Plaintiff subrogated KRW 299,490,494 on December 15, 2016 upon receipt of the Industrial Bank of Korea’s request for the performance of a credit guarantee obligation from the Industrial Bank of Korea.

According to Article 10 of the Credit Guarantee Agreement, when the plaintiff has performed a guaranteed obligation, the principal debtor and the joint guarantor are liable to reimburse the amount of the performance of the guaranteed obligation, the amount calculated by multiplying the amount of the performance of the guaranteed obligation by the rate determined by the plaintiff from the date of repayment of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer and exercise of the right thereto, and the compensation for delay, unpaid guarantee fee, delayed guarantee fee, penalty, and subrogation, calculated by multiplying the rate determined by the plaintiff from the date of payment of each expense to the date of repayment. As of March 27, 2017, the interest rate for delay determined by the plaintiff is 10% per annum, and the remaining amount of the credit guarantee agreement of this case is 300,478,702 won per annum (= Principal 299,490,494,

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, barring special circumstances.

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