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(영문) 청주지방법원 2017.07.20 2016가단115296
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 86,177,31 and KRW 85,255,963 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on September 30, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on September 16, 2010, and Defendant A Co., Ltd. (hereinafter “Defendant A”).

between Defendant A and the new bank, Inc. (hereinafter referred to as “new bank”).

In receiving a comprehensive passbook loan, a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) shall be made as follows to secure the payment of the principal and interest of loan as well as the credit guarantee agreement of this case.

(2) On September 20, 2010, Defendant A received a loan of KRW 100,000,000 from a new bank as security (hereinafter “instant loan”) from the new bank.

(2) According to the credit guarantee agreement of this case, in the event that the Plaintiff performs the guaranteed obligation under the credit guarantee agreement, the principal obligor and the joint guarantor agreed to reimburse the Plaintiff (i) the amount of the guaranteed obligation paid by the Plaintiff for the performance of the guaranteed obligation and the damages for delay determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment; (ii) the expenses incurred in the performance of the guaranteed obligation; (iii) the expenses incurred in the exercise of the right acquired through the performance of the guaranteed obligation; and (iv) the damages for delay calculated by the rate determined by the Plaintiff from the date of performance to the date of repayment; and (v) the expenses incurred in the exercise of the guaranteed obligation; and (v) the expenses incurred in the exercise of the right acquired through the performance of the guaranteed obligation; and (v) the damages for delay from the date of performance to the date of repayment

3) The rate of delay damages determined by the Plaintiff is 10% per annum. 4) Defendant B guaranteed the obligation under the instant credit guarantee agreement against the Plaintiff by Defendant A.

B. The Plaintiff’s subrogation caused a guarantee accident registered with the credit management information on February 15, 2016 due to the nonperformance of national taxes. Based on the instant credit guarantee agreement, the Plaintiff repaid the principal amount of KRW 85,255,963 to the new bank on September 30, 2016 (i.e., the principal amount of KRW 85,00,000,000).

In addition, the plaintiff's penalty claim against the defendant A against the defendant 93.

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