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(영문) 광주지방법원목포지원 2017.05.18 2016가단50106
구상금
Text

1. Defendant A and Defendant B jointly and severally share KRW 6,605,411 with respect to the Plaintiff and the Defendant A Co., Ltd.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on March 18, 2014, and the Defendant A Co., Ltd. (hereinafter “Defendant A”).

(1) as between the creditor corporation and the National Bank (hereinafter “National Bank”)

(2) The term “the amount guaranteed” as of March 17, 2023 and the term of guarantee is set by the credit guarantee agreement between Defendant A and the National Bank (hereinafter “the credit guarantee agreement of this case”) to guarantee the Plaintiff’s performance of a loan obligation to be borne by Defendant A to the National Bank under a loan agreement with the National Bank (hereinafter “the credit guarantee agreement of this case”).

2) Article 10 of the Credit Guarantee Agreement provides for the following:

Article 6 (Prior Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the plaintiff, even if they have not been notified or notified by the plaintiff:

1. Where he/she violates Article 5;

7. When a decision on seizure, provisional seizure, provisional disposition or request for auction has been made to the workplace, Article 10 (Scope of Repayment) (1) When the plaintiff has discharged the guaranteed obligation, the principal and the joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:

However, the joint and several guarantors under Article 2 (1) of the Special Act on the Protection of Guarantors shall be reimbursed within the maximum amount of the guaranteed debt separately stated.

1. Performance amount of surety obligations;

2. Damages calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.

5. Penalty (2) The principal and the joint guarantor shall pay both the following expenses paid by the Plaintiff on behalf of the Plaintiff and the damages for delay calculated by multiplying them by the rate determined by the Plaintiff:

Provided, That a joint guarantor who falls under a guarantor under subparagraph 1 of Article 2 of the Special Act on the Protection of Guarantor shall be the highest amount of the guaranteed debt separately stated.

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