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(영문) 서울중앙지방법원 2015.10.15 2015가단5097851
구상금
Text

1. As to KRW 43,475,300 and KRW 42,826,190 among the Plaintiff, Defendant A shall be from December 11, 2014 to April 30, 2015.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s credit guarantee agreement with Defendant A on October 23, 2009 (hereinafter “the credit guarantee agreement”) refers to the instant credit guarantee agreement.

(2) According to the credit guarantee agreement, the Plaintiff guaranteed the Defendant’s obligation of loans to the Industrial Bank of Korea by determining the term of October 22, 2010 (i.e., the change of the guaranteed principal into KRW 42.5 million) and the term of the guarantee (i.e., the change into October 17, 2014).

Article 10 Scope of Repayment ① When the plaintiff has fulfilled the guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:

1. Performance amount of surety obligations;

2. The rate determined by the Plaintiff from the date of performance to the date of repayment for the amount under subparagraph 1 and the amount calculated according to the calculation method.

3. Expenses incurred in performing guaranteed obligations;

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, and performance guarantee fees;

6. Damages for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate determined by the Plaintiff from the date of payment to the date of repayment.

2. The costs required for enforcement and preservation (including termination) of claims, exercise and legal procedures. (3) The rate determined by the Plaintiff in paragraphs 1 and 2 refers to the rate determined by the Plaintiff, taking into account the overdue loan interest rate of a financial company to the extent prescribed by the statute.

(4) Where the plaintiff changes the rates and calculation methods referred to in paragraphs (1) through (3) as the law changes, he will comply with them from the date of such change.

3. As to the “ratio determined by the Plaintiff” under the Credit Guarantee Agreement, Article 34 of the Korea Technology Credit Guarantee Fund Act and Article 25 of the Enforcement Decree of the same Act.

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