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(영문) 대전지방법원공주지원 2015.05.14 2014가단21969
구상금
Text

1. The defendant shall pay 100,723,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. On October 15, 2012, the Defendant borrowed KRW 110,00,00 from the Nonghyup Bank Co., Ltd. (hereinafter “CF”). At the time, the Korea Technology Credit Guarantee Fund granted credit guarantee to the above loan up to the guarantee amount of KRW 99,00,00,000. The Plaintiff and the representative director C, upon the Defendant’s request on the same day, jointly and severally guaranteed the Defendant’s liability for indemnity to the above company; the Defendant agreed to extend the term of loan and credit guarantee with the Nonghyup Bank and the Korea Technology Credit Guarantee Fund around October 2013; the Plaintiff agreed to extend the term of joint and several liability with the Korea Technology Credit Guarantee Fund; the Korea Technology Credit Guarantee Fund notified the Plaintiff of the occurrence of a credit guarantee accident caused by delinquency in the principal and interest of the Defendant’s obligation to the Nonghyup Bank; the Plaintiff’s payment of the principal and interest 10,000,700,000 won among the Defendant’s loan borrowed to the Nonghyup Bank; and the Plaintiff’s payment of the amount by subrogation between the Plaintiff and the 214.

According to the above facts, since the Defendant’s liability for indemnity against the Korea Technology Credit Guarantee Fund was due on December 19, 2015, which was subrogated by the Korea Technology Credit Guarantee Fund, the due date arrives, the Plaintiff, the trustee guarantor, may exercise the prior right to indemnity against the Defendant, the primary debtor, pursuant to Article 442 subparag. 4

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff KRW 100,723,00 for the advance indemnity.

Furthermore, the plaintiff also sought damages for delay with respect to the aforementioned advance reimbursement.

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