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(영문) 부산지방법원 2020.11.03 2019가단323087
구상금
Text

Defendant A and B jointly and severally filed a claim with the Plaintiff for KRW 33,131,729 and KRW 32,893,564 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff was a juristic person established under the Regional Credit Guarantee Foundation Act, and entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under the joint and several guarantee of Defendant B with the following credit guarantee agreement (hereinafter “the instant credit guarantee agreement”), and issued a credit guarantee letter to the Defendant Co., Ltd. (hereinafter “the instant credit guarantee letter”).

F G B

B. The Defendant Company offered the instant credit guarantee form as security and received a loan from F as follows.

F

C. On November 23, 2016, Defendant B created a right to collateral security with a maximum debt amount of KRW 223,300,000 to F Co., Ltd. (hereinafter “F”) with respect to the real estate indicated “the indication of the instant real estate” (hereinafter “instant real estate”).

On October 27, 2018, the Defendant Company failed to repay its loan obligations and caused a credit guarantee accident under the instant credit guarantee agreement, and the F notified the Plaintiff of the occurrence of the credit guarantee accident on January 11, 2019.

The Plaintiff subrogated to F on June 21, 2019 the total amount of KRW 32,893,564 (the loan principal of KRW 32,500,003, interest KRW 393,561) in accordance with the instant credit guarantee agreement.

E. According to the Regional Credit Guarantee Foundation and the instant credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the Defendant Company shall pay to the Plaintiff the amount of the guaranteed obligation, the amount of damages for delay calculated at the rate of the Plaintiff’s rate from the date of the repayment of the guaranteed obligation to the date of the full payment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the exercise, preservation, transfer and exercise of the right to be acquired or acquired through the performance of the guaranteed obligation, unpaid guarantee fees, overdue guarantee fees, additional guarantee fees, etc.

The Plaintiff on February 2019 to preserve the claim for advance reimbursement against the Defendant Company.

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