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(영문) 대구지방법원 2014.12.19 2014가합202039

사전구상금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd., Defendant B, Defendant C, and Defendant D are jointly and severally liable for 20,414,040 won;

B. Defendant E.

Reasons

1. FB, C, D, and E on November 18, 201, which are joint and several guarantee numbers for the principal of the credit guarantee principal on the date of the agreement for recognition, as of January 20, 201, the guarantee number of which is the date of recognition, and KRW 135,00,000 on May 4, 201, 201;

A. The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. with the following contents (hereinafter “instant agreement”), and issued a written credit guarantee for the agreement to Defendant A Co., Ltd.

B. Defendant A Co., Ltd. submitted a credit guarantee letter (Guarantee Number F) on February 10, 201 to the Daegu Bank, and received loans of KRW 90,00,000, and KRW 150,000,000, respectively, by submitting a credit guarantee letter (Guarantee Number G) on May 11, 2011.

C. The instant agreement provides for the following:

Article 5 (Prior Indemnity) (1) If any of the following events occurs to the principal, the Korea Technology Finance Corporation (hereinafter referred to as the “Korea Technology Finance Corporation”) may make a prior indemnity without prior notice or demand, and in such cases, the principal and the joint guarantor shall bear the obligation for the prior reimbursement without objection:

7. Where the Korea Federation of Banks causes to register information on subrogation (including substitute payment), information related to information on subrogation (including information on subrogation), information on financial order disturbing public order, and public information (excluding information on reporters on confirmation of overseas emigration) prescribed by the Management Rules of the Korea Federation of Banks;

9. The representative (including the actual manager) of the corporate company and the joint manager (including the actual manager) of the corporate company and when their credit conditions worsen due to the occurrence of the causes set forth in subparagraphs 2 through 4, 6 and 7 above. (3) In the case of paragraphs (1) and (2), the principal and the joint guarantor shall not raise an objection even before the commencement of the guaranteed obligation, notwithstanding the existence of the security related to the principal obligation or the obligation to pay for the new obligation guaranteed by the reporter, and shall not demand the reporter to provide a security or demand the discharge of the principal obligation.

Article 10 (Scope of Redemption) (1) 1.