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(영문) 대전지방법원 2017.09.13 2016가합102898
구상금 등
Text

1. As to KRW 149,023,316 and KRW 26,985,327 among the Plaintiff, Defendant A shall pay to the Plaintiff KRW 149,023,316, and KRW 120,850,116.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation established under the Credit Guarantee Fund Act with the aim of contributing to the development of the national economy by facilitating corporate financing through the guarantee of the liabilities of companies which lack security solvency, and Defendant A is an individual entrepreneur who operates B (C) and D.

B. 1) The Plaintiff and Defendant A (hereinafter “instant table”) are the following table.

(2) Each credit guarantee agreement, such as entry, (hereinafter referred to as “each credit guarantee agreement of this case”).

(3) Around July 31, 2009, the credit guarantee number No. 500,000,000 on July 22, 2016, 201, the credit guarantee number No. 54,000,000 and 10% on July 31, 2013, 30% on July 31, 2018 30% on February 10, 2015 209, aggregate of 108,000,000,000 on February 7, 2020, the credit guarantee agreement (Evidence No. 123 of the evidence No. 1 of this case) prepared at the time of each credit guarantee agreement of this case is as follows.

Article 3 (Payment of Fees, etc.) If the principal fails to discharge the principal obligation within the deadline for the discharge of the principal obligation, he shall be paid a penalty calculated by multiplying the amount guaranteed, among the guaranteed obligations, by the rate calculated by adding 0.5% per annum to the guarantee fee rate.

Article 10 Scope of Repayment ① When the plaintiff has fulfilled the guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;

5. The unpaid guarantee fee, delayed guarantee fee, penalty (2) The principal and the joint guarantor shall also pay the following expenses paid on behalf of the plaintiff and the compensation for delay calculated by multiplying such expenses by the rate as determined by the Report:

2. The execution, preservation (including termination), exercise, and administration of bonds; and

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