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(영문) 서울중앙지방법원 2015.05.28 2014가합540503
구상금 등
Text

1.(a)

On April 23, 2013, which was concluded between Defendant B and Nonparty C with respect to the real estate listed in attached Form 1.

Reasons

1. Basic facts

A. The Plaintiff’s indemnity guarantee claim 1) The Plaintiff D Co., Ltd. (former Trade Name: E Co., Ltd.; hereinafter “D”).

) In receiving the general loan from the Nonghyup Bank, the Bank shall provide credit guarantee services at the following guarantee rates for the proposed loan amount:

(B) A credit guarantee agreement (hereinafter referred to as “No. 2 guarantee”) established on May 20, 2010 under a credit guarantee agreement (hereinafter referred to as “No. 2 guarantee”) as of May 17, 2013, with the coverage amount of KRW 42.5 million, the coverage rate of KRW 85%, and the coverage period of the guarantee agreement as of May 17, 2013.

(3) A credit guarantee agreement set forth in Section B as the coverage amount of KRW 135 million on March 2, 2012, the coverage amount of KRW 135 million, the coverage rate of KRW 90%, and the coverage period of February 28, 2017 (hereinafter referred to as “third guarantee”), and the total coverage of each of the above guarantees is subject to each credit guarantee agreement of this case.

(2) D) Each credit guarantee agreement of this case was secured by each of the credit guarantee agreements issued by the Plaintiff and received loans from the Nonghyup Bank equivalent to the estimated amount of each of the loans.

3) According to each credit guarantee agreement of this case, when the Plaintiff performed the credit guarantee obligation to the Nonghyup Bank, the Plaintiff and D agreed that D shall pay to the Plaintiff the amount of the performance and damages for delay in accordance with the interest rate set by the Plaintiff from the date of the performance to the date of full payment, and shall pay immediately the incidental debt paid for the exercise or preservation of the right to claim reimbursement. The Plaintiff’s interest rate on damages for delay in the amount of reimbursement determined by the Plaintiff is 12% per annum from December 1, 2012 to the date. Meanwhile, Nonparty C, the representative director of D, guaranteed the Plaintiff’s obligation under each credit guarantee agreement of this case.

(hereinafter “instant indemnity guarantee contract”). 5 The Plaintiff shall pay D the principal and interest of the loan to the Nonghyup Bank on September 3, 2013.

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