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(영문) 광주지방법원 순천지원 2018.08.29 2018가단71318 (1)
구상금 등
Text

1. As to each real estate listed in separate sheet 1 to 3:

A. On March 17, 2017, between Company A and Defendant L.

Reasons

1. (1) On February 18, 2013, pursuant to a credit guarantee agreement with Nonparty A Co., Ltd. (hereinafter “Nonindicted Company”) on a credit guarantee agreement, the Plaintiff issued to the Nonparty Company a credit guarantee certificate of KRW 1,350,000,000, and the guarantee term as of February 17, 2023, and the Nonparty Company borrowed KRW 1,50,000,000 from a national bank on the same day (hereinafter “the first credit guarantee agreement”). In borrowing the loan amount of KRW 1,50,000 from the national bank on the same day, the Plaintiff guaranteed the debt within the scope of the guarantee amount (hereinafter “the first credit guarantee agreement”).

At the time, the non-party company jointly and severally guaranteed the indemnity obligation to be borne by the plaintiff according to the first credit guarantee agreement.

(2) On December 31, 2012, pursuant to a credit guarantee agreement with Nonparty B, the Plaintiff issued to B a credit guarantee certificate of KRW 170,000,000 as the guaranteed amount and the term of guarantee on December 30, 2013. On the same day, B borrowed KRW 200,000,000 from a national bank on the same day, the Plaintiff guaranteed the loan obligation within the scope of the guaranteed amount (hereinafter “credit guarantee agreement”).

After that, the term of guarantee of the second credit guarantee agreement was changed on March 28, 2018.

(3) At the time of the above credit guarantee agreement, the Plaintiff agreed to pay to the Plaintiff the amount of subrogation and the amount calculated by multiplying the amount of the guaranteed obligation by the rate of 0.5% per annum by the rate of 0.5% per annum from the date of subrogation to the date of full payment of the amount of indemnity obligation, the expenses incurred in performing the guaranteed obligation, the expenses incurred in preserving, transferring and exercising the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, the unpaid guarantee fee, the delayed guarantee fee (the amount calculated by multiplying the unpaid guarantee fee by 10% per annum if the other company delayed the payment of the guaranteed obligation) and the penalty (the amount calculated by multiplying the unpaid guarantee fee by the rate of 0.5% per annum from the guaranteed obligation if the other company delayed the payment of the principal obligation).

(d).

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