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1.(a)
On March 4, 2015, the patent rights listed in attached Table 1 between Defendant A and Nonparty D are related to the patent rights listed in attached Table 1.
Reasons
1. Basic facts
A. The Plaintiff’s credit guarantee contract 1) The Plaintiff is a legal entity established in order to facilitate the financing of the company by guaranteeing the debt owed by an enterprise which lacks security solvency pursuant to Article 12 of the Korea Technology Credit Guarantee Fund Act. 2) On March 27, 2012, the Plaintiff entered into a credit guarantee contract with Nonparty D Co., Ltd. (hereinafter “D”) with the term of guarantee until March 26, 2013; and the term of guarantee was KRW 85,00,000 under the Plaintiff’s credit guarantee; D borrowed KRW 100,000 from the National Bank of Korea (hereinafter “National Bank”) on March 29, 2012 under the Plaintiff’s credit guarantee; and thereafter, the term of guarantee was extended to March 26, 2015.
3) At the time of the above credit guarantee agreement, when the Plaintiff fulfilled the above credit guarantee obligation, D agreed to pay to the Plaintiff additional guarantee fee at the rate set by the Plaintiff for the amount of the Plaintiff’s performance of the guaranteed obligation and the amount of the non-performance of the obligation guaranteed by the Plaintiff pursuant to the relevant Acts and subordinate statutes, and to pay the Plaintiff the provisional payment, such as the expenses incurred in the performance of the Plaintiff’s guaranteed obligation and the expenses incurred by the Plaintiff, the legal procedure, etc., and damages for delay in accordance with the interest rate set by the Plaintiff. 4) In addition, D agreed to pay the Plaintiff a prior indemnity obligation without any separate notice or peremptory notice from the Plaintiff for the failure of the obligation under the above credit guarantee agreement to pay the principal of the loan obligation.
5) The interest rate on the damages for delay determined by the Plaintiff is 12% per annum from the date of the performance of the guaranteed obligation (the date of subrogated payment). 6) G, H, and I were jointly and severally guaranteed for all obligations owed by D to the Plaintiff under the said credit guarantee agreement.
B. As of March 27, 2015, the Plaintiff’s claim for indemnity 1D is against a national bank by delinquency in paying the principal of the said loan.