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(영문) 서울중앙지방법원 2018.04.03 2017가단5047720
구상금
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 947,295,518 and KRW 945,200,193, as to the Plaintiff.

Reasons

1. As to the claim against the defendant A and B

A. The Plaintiff, in fact, provided a credit guarantee to Defendant A to obtain a general operating capital loan from the National Bank, and issued to Defendant A a letter of credit guarantee with the following contents.

(1) D guarantee date: The term of guarantee: KRW 400 million (in the case of a change of KRW 360 million): August 17, 2015 (in the case of a change of KRW 360 million): the date of guarantee: E: the date of guarantee: the date of guarantee: the principal of KRW 400 million (in the case of a change of KRW 36 million): August 18, 2014): the date of guarantee (in the case of a change of KRW 400 million): the date of guarantee (in the case of a change of KRW 36 million): the F guarantee date: August 17, 2015; the date of guarantee: the date of guarantee: 40 million (in the case of a change of KRW 36 million): the date of repayment; August 17, 2016; and

On the other hand, Defendant B has jointly and severally guaranteed all of Defendant A's obligations relating to the ① ② Credit Guarantee Agreement.

Defendant A was granted a loan of KRW 50 million, KRW 500,000,000 from the National Bank, and KRW 240,000,000,000, based on each credit guarantee letter around the third guarantee date.

On October 1, 2016, Defendant A lost the benefit of the term of each of the above loans due to delinquency in payment of principal, and the Plaintiff’s repayment of KRW 946,200,193 to the National Bank on July 7, 11, in subrogation of the Defendant A, collected KRW 1 million on December 5, 199, and collected KRW 946,200,193.

Meanwhile, 7,945 won (i.e., KRW 1 million 29/365) should be calculated when the amount of delayed payment from the date of repayment to the date of collection is calculated.

Articles 34 and 24 of the Credit Guarantee Fund Act.

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