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(영문) 광주지방법원 2018.04.13 2017가단518033

구상금

Text

1. The Plaintiff:

A. (1) Selection B and Selection C are jointly and severally with Non-Party D Co., Ltd. and 108,603,111, among them, 104.

Reasons

1. Facts of recognition;

A. On June 12, 1998, the Plaintiff entered into a credit guarantee agreement with Non-Party D Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd.”) with the guaranteed principal of KRW 100,000,000,000,000,

On December 1, 2001, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 104,383,561 in total, including principal and interest, etc. in accordance with the above credit guarantee agreement. In relation to the above guarantee, KRW 1,829,970 in provisional payment, and KRW 715,060 in additional guarantee fee. Nonparty H, Selection, and Selection C jointly and severally guaranteed the non-party company’s indemnity liability against the Plaintiff.

B. On September 14, 1999, the Plaintiff entered into a credit guarantee agreement with the non-party company with the amount of KRW 100 million per guaranteed principal, and the Industrial Bank of Korea's Japanese branch of the insured.

On December 1, 2001, the Plaintiff subrogated the Industrial Bank of Korea for KRW 103,958,904, including the principal and interest, etc., in accordance with the above credit guarantee agreement. In relation to the above guarantee, KRW 316,430,00 was incurred, and the network H and the selector B jointly and severally guaranteed the non-party company’s liability for indemnity against the Plaintiff.

C. On the other hand, H died on January 17, 2005, and the heir was the Defendant (the first party) A, the Appointor E, the Appointor C, the Appointor C, the F, and the Appointor G. The heir filed a report on the inheritance-limited approval as the Family Branch of Gwangju District Court Decision 2005Mo295.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. According to the above recognition of the existence of the obligation to pay the amount of indemnity, the non-party company B and the Selection C above.

1. Text 1 as the primary debtor or the joint and several sureties of the credit guarantee agreement under paragraph (1);

(a) (1) The money described in paragraph (1) is within the scope of each inherited property as the heir of the deceased H, a joint and several surety, Defendant (Appointed Party A), Appointed E, Appointed F, and Appointed G;

(a) be obligated to pay the money described in paragraph (2).

In addition, the non-party company and the designated person B above 1.