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(영문) 전주지방법원 2015.11.11 2015가합2903
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 343,622,349 as well as KRW 341,824,260 as from January 16, 2015.

Reasons

1. Determination as to the claim against Defendant Incorporated Agricultural Company A

(a) The amount of subrogation repaid by the Plaintiff to the Nonghyup Bank Co., Ltd. on December 30, 2014 pursuant to the credit guarantee agreement concluded on April 18, 2014 with Defendant Incorporated Incorporated Co., Ltd. A, Ltd., and the compensation for delay and the compensation for delay thereof

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Facts of recognition 1) Defendant Incorporated Corporation A (hereinafter “Defendant Company”)

(2) On or around April 18, 2014, the Plaintiff and the Plaintiff enter into a credit guarantee agreement with the term “the amount of credit guarantee KRW 340,000,000 and the guarantee period from April 18, 2014 to April 18, 2017” (hereinafter “instant credit guarantee agreement”).

On the same day, Defendant B entered into a credit guarantee agreement of this case with the Plaintiff, and Defendant B jointly and severally guaranteed all the obligations under the above credit guarantee agreement of this case (Evidence A). Meanwhile, the main contents related to this case are as follows. ① In the event the Plaintiff performed the guaranteed obligation, the amount of damages according to the rate determined by the Plaintiff as to the amount of performance and the date of performance shall be refunded. ② In addition to the repayment of paragraph (1), the expenses incurred in performing the guaranteed obligation of the Plaintiff and the right (including the right acquired by the prior right to indemnity) acquired by the performance of the guaranteed obligation shall be repaid. ③ The method of calculating damages under paragraph (1) and the expenses under paragraph (2) shall be as determined by the Plaintiff. ② On April 18, 2014, Defendant A Co., Ltd. (hereinafter referred to as “CFF”) established the credit guarantee agreement of this case as “the interest rate rate change, the expiration date of the guaranteed obligation,” and received loans from the Nonghyup Bank Co., Ltd. (hereinafter referred to as “CFFFFFFFC”) in this case”).

3. The guaranteed event occurred because the Defendant Company did not pay the interest on the instant loan to the Nonghyup Bank.

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