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(영문) 부산지방법원 2015.11.11 2014가합44904
구상금
Text

1. As to the Plaintiff’s joint and several costs of KRW 486,252,211 and KRW 259,983,047, Defendant A and B, respectively, shall be effective as from April 16, 2014.

Reasons

Basic Facts

The plaintiff entered into a credit guarantee agreement and the joint and several liability guarantee agreement between the defendant A who has operated a gas station and the plaintiff entered into a credit guarantee agreement as specified in the following table (hereinafter referred to as the "credit guarantee agreement of this case"), and the defendant B jointly and severally guaranteed all obligations owed by the defendant A under the above credit guarantee agreement of this case.

According to the Credit Guarantee No. 1 E 1 E 1,00,000,000 of the loan subject subject for guarantee period on the date of guarantee (original guarantee) guarantee date, where a credit guarantee accident occurred due to the failure of Defendant A to perform the principal obligation on March 4, 2010, the Bank of Korea of Small and Medium Enterprise Loan No. 2F 170,000,000,000 on September 6, 2011, the Bank of Korea of Small and Medium Enterprise Purchase Loan No. 3 G 225,000,000 on September 5, 2012, the Bank of Busan Bank of Korea of Korea, on August 7, 2012, the Bank of Korea of Busan for General Fund Loan No. 1,2, and 3 credit guarantee agreement, the Plaintiff shall discharge the guaranteed obligation, and the Defendant A shall pay the Plaintiff the amount of the Plaintiff’s repayment of the guaranteed obligation and the rate of the Plaintiff’s delayed repayment as the principal obligor’s debt, and the damages paid to the Plaintiff.

Since then, according to Defendant A’s application for extension of the guarantee period, the Plaintiff extended the expiry date of the credit guarantee agreement of this case to February 27, 2015, reduced the guaranteed amount to KRW 90,000,000. The expiration date of the second credit guarantee agreement of this case was extended to September 5, 2014. The expiration date of the third credit guarantee agreement of this case was extended to August 6, 2014.

The occurrence of a credit guarantee accident and the Plaintiff’s subrogation are 30,000,000 won from the Industrial Bank of Korea (hereinafter “the Bank”) under the credit guarantee agreement of the first and second credit guarantee agreement of this case, and pursuant to the third credit guarantee agreement of this case, the Defendant A is called the Busan Bank (hereinafter “the Busan Bank”).

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