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(영문) 대구지방법원 2017.06.23 2016가단123577
구상금
Text

1. As to the Plaintiff, Defendant A Co., Ltd and Defendant B jointly and severally with the Plaintiff KRW 432,774,291 and KRW 431,012,841 among them, September 2016.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a nonprofit corporation established under the Credit Guarantee Fund Act for the purpose of guaranteeing the debt of an enterprise which lacks security capability and facilitating the financing of the enterprise. Defendant A Co., Ltd (hereinafter only referred to as Defendant Co., Ltd) is a debtor who has entered into a credit guarantee agreement with the Plaintiff. Defendant B is a representative director of Defendant Co., Ltd. who is a joint and several surety of the credit guarantee agreement entered into with the Plaintiff. Defendant C is an auditor of Defendant

B. 1) The Plaintiff and the Defendant Company agreed to provide a credit guarantee agreement for KRW 564,201,00,000, out of the above money, when the Defendant Company and the Defendant Company borrowed KRW 626,890,00 from the apartment branch of the National Bank; 2) When the Defendant Company failed to perform the above loan obligations to the National Bank, the Defendant Company agreed to reimburse the Defendant Company for the amount of the performance of the guaranteed obligations and other expenses incurred in the preservation, transfer, and exercise of the rights acquired through the performance of the guaranteed obligations; and Defendant D agreed to provide a joint and several guarantee agreement for the Defendant Company’s repayment obligations.

3 The defendant company caused a credit guarantee accident which closed or closed on May 26, 2016 due to a business depression, and accordingly the Korean bank caused the same year.

5. 27. The Plaintiff notified the credit guarantee accident to the Plaintiff.

4) Accordingly, the Plaintiff subrogated the Defendant Company’s total debt amounting to KRW 431,012,841, and the Plaintiff spent KRW 610,890 to the Defendant Company’s legal procedure costs for preserving the Defendant Company’s claim for reimbursement, and the Plaintiff incurred KRW 1,150,560 to the Defendant Company’s penalty claim amounting to KRW 1,150,560 under the credit guarantee agreement with respect to the Defendant Company. 5) and the agreement rate of the Plaintiff’s claim for reimbursement against the Defendant

(c) the Defendant’s disposal of the real estate listed in the separate sheet.

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