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(영문) 대구지방법원서부지원 2015.07.09 2014가단36256
구상금 및 사해행위취소
Text

1. The Defendant Company A and B shall jointly and severally act for the Plaintiff in the amount of KRW 118,349,632 and the amount of KRW 116,743,983.

Reasons

1. Facts of recognition;

A. On November 13, 2008, the Plaintiff entered into a credit guarantee agreement and a letter of guarantee with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) up to KRW 170,00,000 of the credit guarantee principal, and the guarantee term extended by November 12, 2009 (up to November 7, 2014).

In the conclusion of the above credit guarantee agreement, when the plaintiff performed the above guarantee obligation against the defendant A, the defendant company and the defendant Eul agreed to pay the amount subrogated by the plaintiff to the amount of money subrogated by the plaintiff and the amount of damages, penalty and delayed guarantee fee in accordance with the calculation method and the legal procedure expenses incurred by the plaintiff in order to compensate for the execution of the claim in accordance with the above agreement, and damages for delay in accordance with the rate

After that, in accordance with the above credit guarantee agreement, the defendant company received a credit guarantee agreement from the plaintiff on November 13, 2008, with the guarantee principal of KRW 170,00,000,000, the guarantee term of November 12, 2009, the general loan of the loan subject (driving), the estimated loan amount of KRW 200,000,000, and the guarantee rate of KRW 85%, and received loans from the above bank.

B. 1) The amount of subrogated payment (payment by subrogation, penalty, and expenses for preservation of claims) 1. However, on October 7, 2014, Defendant Company: (a) caused a credit guarantee accident in which payment of a loan to the above bank was delayed; (b) the Plaintiff paid the said bank KRW 16,743,983 on November 21, 2014 by subrogation of the Defendants upon the request for the performance of the guaranteed liability; (c) the penalty was paid to the said bank; and (d) if the Defendant Company fails to discharge its liability for the performance of the guaranteed liability due to its failure to perform its obligation within the given period, the Defendant Company agreed to pay a penalty of 1.3% per annum for the amount guaranteed by subrogation from the date following the date of delinquency until the date of payment by subrogation.

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