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(영문) 서울서부지방법원 2016.01.26 2015가단240525
구상금
Text

1. The defendant shall be jointly and severally and severally with the Yinjin River Branch Campping ground, B, and Young Development Co., Ltd., 230,480.

Reasons

1. Basic facts

A. 1) On September 30, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “Nonindicted Company”) with the Jinjin-jin Branch Campping Co., Ltd. (hereinafter “Nonindicted Company”).

) The amount guaranteed 720,00,000 won, and the term of guarantee on September 27, 2019, and credit guarantee agreements, which are Korean banks, (hereinafter referred to as the “credit guarantee agreements in this case”).

(2) At the time, the non-party company submitted the credit guarantee form to the Korean bank and received a loan from the said bank. The non-party company was a joint and several surety for the debt of the non-party company to the plaintiff under the credit guarantee agreement in this case.

B. The Plaintiff’s subrogation 1) Nonparty Company caused a credit guarantee accident on October 21, 2014. Accordingly, the Plaintiff subrogated for KRW 222,713,396 to Korea Bank on April 28, 2015. (2) According to Article 35 of the Credit Guarantee Fund Act and Article 10 of the Credit Guarantee Agreement, when the Plaintiff performed a guaranteed obligation, the Defendant shall reimburse the amount of the performance of the guaranteed obligation and the amount of damages calculated by multiplying the amount by the rate of the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment. The rate is 12% per annum from December 1, 2012 to the date of repayment.

C. According to Article 34 of the Credit Guarantee Fund Act and Article 3 of the Credit Guarantee Agreement, if a person who has received a guarantee fails to perform the principal obligation within the period of guarantee, the Plaintiff shall pay the rate determined by the Plaintiff and the penalty according to the calculation method. This is determined at the rate determined by the Plaintiff as to the balance of the principal of the outstanding principal obligation (guarantee) during the period from the day following the date of the payment of the final guarantee fee to the day preceding the date of the payment of the subrogation. The penalty of KRW 5,070,370 was paid in relation to the Credit Guarantee Agreement.

On the other hand, the non-party company paid only guarantee fees until October 3, 2013, and did not pay guarantee fees thereafter, and on January 6, 2014.

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