logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2015.04.28 2014가단33051
구상금
Text

1. The defendant limited liability company Korea Logistics, and Gap jointly and severally against the plaintiff 497,208,514 won and 495,350,199 won among them.

Reasons

1. Basic facts

A. (1) On September 28, 201, the Plaintiff entered into a credit guarantee agreement and conducted loans. The Plaintiff is the Defendant limited liability company and the Korea Logistics Corporation (hereinafter “Defendant Korean Logistics”).

(1) The Bank entered into a credit guarantee agreement with respect to the obligation to be borne by the Bank by receiving the loans from small and medium enterprise funds (hereinafter “instant credit guarantee agreement”).

(2) On September 28, 201, Defendant Korea Logistics Co., Ltd. borrowed KRW 580,000,000 from the Industrial Bank of Korea on the basis of the Plaintiff’s credit guarantee. Meanwhile, on September 28, 2011, Defendant A guaranteed the Plaintiff’s obligation to the Plaintiff.

3) According to the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the primary debtor and the joint guarantor shall be the amount of the guaranteed obligation to the Plaintiff, ② the expenses spent by the Plaintiff for exercising the right to indemnity, ③ the damages calculated at the rate determined by the Plaintiff from the date of performing the guaranteed obligation to the date of repayment of the guaranteed obligation

(B) The Plaintiff shall pay damages for delay calculated at the rate determined by the Plaintiff from the date of payment of the expenses for each of the above expenses to the date of reimbursement. (B) The occurrence of the credit accident and the subrogation 1) Defendant Korea Logistics Bank lost its interest due to delay in performing its obligations to the Bank on March 28, 2014, and the Plaintiff subrogated for KRW 498,105,589 to the Industrial Bank of Korea on May 13, 2014.

2) The rate of damages for delay determined by the Plaintiff is 12% per annum from May 13, 2014, the date of subrogation, to the date of 13.3) Meanwhile, the Plaintiff was paid KRW 2,755,390 on May 13, 2014, and the Plaintiff was paid KRW 1,857,410 on preservative measure costs incurred by the Plaintiff for exercising the right to indemnity. The amount of damages for settling the said partial amount is 905 won (=2,755,390 KRW 12% x1/365) as indicated below.

C. The defendant's real estate disposal act 1) the defendant's Korean logistics in the attached list (hereinafter "the case").

arrow