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(영문) 전주지방법원 2021.01.21 2020나2956
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation established for the purpose of facilitating financing by guaranteeing debts to the small and medium enterprises, etc. which lack security capacity located in the region under the Local Credit Guarantee Foundation Act, and contributing to the revitalization of the regional economy by establishing sound credit order, and was the representative director of the Defendant Company B (hereinafter “non-party company”).

B. On July 25, 2017, the Plaintiff entered into a credit guarantee agreement with the non-party company and the term of guarantee on July 24, 2018, with the content that the amount of principal 17,000,000 won, the Defendant for joint and several guarantors (at that time, the representative director of the non-party company), the Enterprise Bank Co., Ltd. (hereinafter “Non-party Bank”), the rate of delayed damages from September 28, 2013 to November 30, 2018, the rate of delayed damages shall be 12% per annum from September 28, 2013, and the rate of delay damages shall be 9% per annum from November 21, 2018 (hereinafter “instant agreement”). The Plaintiff issued a credit guarantee agreement to the non-party company.

(c)

According to the agreement of this case, if the non-party company or joint guarantor fails to pay the non-party company's loan to the non-party company on behalf of the plaintiff, the defendant, joint guarantor, is jointly and severally with the non-party company, and if the plaintiff pays the non-party company's loan to the non-party bank on behalf of the non-party company, the defendant is jointly and severally liable with the non-party company. ① The plaintiff's amount of repayment on behalf of the plaintiff and damages for delay from the subrogation to the date of full repayment on behalf of the plaintiff, ② the expenses the plaintiff paid on behalf of the plaintiff in relation to the legal procedure that the plaintiff raised in order to preserve the execution of the subrogated bond, ③ other expenses such as guarantee fee, overdue charge, additional guarantee fee, fine for negligence, penalty, etc., are paid at the rate set by the plaintiff

(d)

The non-party company shall submit a credit guarantee issued by the plaintiff to the non-party bank, and from the non-party bank.

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