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(영문) 청주지방법원 2017.04.18 2017가단101133
구상금
Text

1. The Defendant’s KRW 30,250,858 and KRW 25,224,383 among the Plaintiff and its KRW 4,923,195 among November 29, 2016.

Reasons

1. Indication of claim;

A. On August 5, 2015, the Plaintiff guaranteed the Defendant’s obligation to repay the principal and interest of loans up to the estimated amount of loans KRW 25 million, and up to August 4, 2016, with the term of guarantee extended by August 4, 2016. The Defendant borrowed KRW 25 million from the Nonghyup Bank on the same day.

However, on November 29, 2016, the Defendant lost the benefit of time due to the Defendant’s failure to pay the principal and interest of loan, and the Plaintiff subrogated for KRW 25,224,383 to the Nonghyup Bank.

B. On April 5, 2016, the Plaintiff guaranteed the Defendant’s obligation to repay the principal and interest of loan up to 5 million won of the predetermined amount of loan, and up to April 3, 2019 of the term of guarantee, and as a new bank with loan holders, the Defendant borrowed five million won from a new bank on the same day.

However, on December 21, 2016, the Defendant lost the benefit of time due to failure to pay the principal and interest of the loan. On December 21, 2016, the Plaintiff subrogated to the new bank KRW 5,025,883, and recovered KRW 102,690 by offsetting the unpaid guarantee fee. The remainder of subrogation is KRW 4,923,195.

C. Meanwhile, the Defendant agreed with the Plaintiff to pay the additional guarantee fee if the additional guarantee fee is to be added pursuant to Article 10(1)5 of the Credit Guarantee Contract, and the Defendant’s additional guarantee fee to be paid to the Plaintiff on November 29, 2016 in relation to the credit guarantee agreement on August 5, 2015 is KRW 103,280.

Accordingly, the Plaintiff sought reimbursement, additional guarantee fees, and damages for delay from the Defendant. 2. Judgment without pleading (Articles 208(3)1 and 257 of the Civil Procedure Act)

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