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(영문) 서울동부지방법원 2017.04.27 2016가단112823
구상금
Text

1. The Defendant’s KRW 161,584,142 among the Plaintiff and KRW 151,319,217 among the Plaintiff, shall be from May 20, 2014 to April 27, 2017.

Reasons

1. Facts of recognition;

A. On August 21, 2006, the Plaintiff entered into a credit guarantee agreement between B and a stock company B (hereinafter “B”) to secure the payment of the principal and interest of the loan in obtaining a loan from us bank (hereinafter “Korea bank”), and the Defendant, C and D were jointly and severally guaranteed for B on the same day.

(hereinafter “instant credit guarantee agreement”). (b)

At the time of the instant credit guarantee agreement, in cases where the Plaintiff performed a credit guarantee obligation on behalf of the Plaintiff in Korea on behalf of the Plaintiff, B and joint and several sureties agreed to pay ① the amount of subrogation paid by the Plaintiff for the performance and damages for delay calculated by the Plaintiff’s percentage of damages from the payment date to the full payment date, ② additional guarantee fee based on the rate calculated by adding the rate of the applied guarantee fee rate from the following day of the expiration date of the payment due date until the day before the payment date of the due date, and ③ additional guarantee fee based on the rate of the guarantee fee applied to the terminated principal by the Plaintiff’s payment date,

C. Accordingly, on August 21, 2006, the Plaintiff issued a credit guarantee certificate with regard to B’s principal and interest obligation of KRW 400,000,000 (the amount guaranteed shall be changed to KRW 272,00,000) and the guarantee term shall be August 21, 2007 (the extension of the guarantee term several times thereafter, and the last extension of the guarantee term on August 14, 2014), and around August 25, 2006, B borrowed KRW 40,000,000 as collateral from the bank.

B Around May 9, 2014, due to natural enterprises, lost the benefit of time due to the above loan obligations, and B was unable to repay loans to us, the Plaintiff paid the principal and interest of 274,241,950 won to us on May 20, 2014.

E. From May 20, 2014 to June 12, 2015, the Plaintiff.

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