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(영문) 광주지방법원 2017.08.22 2016가단528897
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 174,919,665 and KRW 131,66,370 among them, from June 8, 2016 to April 43.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) omitted the name of the Defendant Co., Ltd.

B) In the context of each credit guarantee agreement between the Gwangju Bank and Korea, A entered into a credit guarantee agreement with the Gwangju Bank to guarantee the repayment of the principal and interest of loan to be borne by the Korean bank. Defendant B jointly and severally guaranteed all the obligations that Defendant A owes to the Plaintiff under the respective credit guarantee agreement (hereinafter referred to as the “instant 1 and 2 credit guarantee agreement”), and each of the above credit guarantee agreements also referred to as the “each of the instant credit guarantee agreements” if each of the above credit guarantee agreements is jointly referred

A) On February 3, 2009, the credit guarantee agreement of this case in relation to the credit guarantee agreement of this case was prepared at the time of each credit guarantee agreement of this case as follows: F 42,500,000 on February 4, 2009, G 150,000, G 150,000,000 general loan loans for corporate driving general loan on February 21, 2009, G 150,000;

Article 3 (Payment of Guarantee Fees, etc.) (3) If the principal fails to discharge the principal obligation within the deadline for the discharge of the principal obligation, he/she shall be paid a penalty calculated by multiplying the amount guaranteed, among the guaranteed obligations, by the rate calculated by adding 0.5% per annum to the guarantee fee rate.

Article 10 (Scope of Repayment) (1) When the plaintiff has performed the guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:

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.

3. Expenses for discharge of guarantee obligation; and

4. Expenses incurred in the preservation, transfer and exercise of any right acquired through discharge of guaranteed liabilities;

5. Unpaid guarantee fees, late guarantee fees and penalty;

6. The damages for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate fixed in the New Report from the payment date of each expense to the repayment date.

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