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(영문) 대구지방법원 2019.08.30 2018가단136331
구상금 등
Text

1. As to KRW 49,948,387 and KRW 49,677,154 among the Plaintiff, Defendant A’s year from October 5, 2018 to November 14, 2018.

Reasons

1. Chief;

A. The plaintiff's assertion

1. Conclusion of credit guarantee agreements;

A. Defendant A entered into a credit guarantee agreement with Defendant A on October 16, 2017 on a loan agreement between Defendant D and D (hereinafter “D”) with a general loan agreement of KRW 50,000,000 (see the Credit Guarantee Agreement No. 1). On the same day, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the amount to be loaned to Defendant A pursuant to the Regional Credit Guarantee Foundation Act (see the Credit Guarantee Agreement No. 2), and issued the following credit guarantee certificates to D:

(See A evidence 3. - D - Guarantee Number : E: 50,00,00 won (C): October 12, 2018; while the Plaintiff issued a credit guarantee (F) at the time of concluding a loan contract with D around October 22, 2014, the Plaintiff issued a letter of credit guarantee issued by Defendant A as a condition for recovery of the said letter of credit guarantee at the time of substitution around 2017.

Therefore, the legal relationship that forms the basis for the establishment of the Plaintiff’s claim for reimbursement has already been established around October 22, 2014.

B. (1) In the event of an occurrence of an occurrence of an occurrence of a guarantee after concluding the guarantee agreement within the scope of the guaranteed principal, the Plaintiff agreed to pay by subrogation the sum of the Plaintiff’s articles of incorporation and the operating manual out of the principal of the guaranteed principal, the amount of accrued interest to be applied in the event that the due date for the repayment of the guaranteed loan has not yet arrived until the repayment of the guaranteed principal, and the expenses paid by D in order to recover the guaranteed loan.

(A) In the event that the Plaintiff performs the above guaranteed obligation, Defendant A is required to preserve, transfer and exercise the Plaintiff’s rights, in addition to the amount of its performance, the amount of damages according to the interest rate prescribed by the articles of incorporation after the date of performance, as well as the expenses incurred in the payment thereof.

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