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(영문) 서울중앙지방법원 2017.08.17 2016가합554728

구상금등

Text

1. As to Defendant A and Defendant B’s joint and several liability amounting to KRW 345,659,516 and KRW 342,512,906 among them.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a credit guarantee agreement and joint and several sureties 1)

Defendant B entered into a credit guarantee agreement on three occasions as listed below, and Defendant B jointly and severally guaranteed all the obligations that Defendant Company owes to the Plaintiff pursuant to the credit guarantee agreement as above. On April 15, 2009, the first credit guarantee agreement on the date of guarantee of the details of credit guarantee (the original guarantee number) loan agreement and the first credit guarantee agreement on the date of guarantee of the details of credit guarantee (the original loan) loan agreement was 150,000,000 on April 14, 2016; on 150,000,000,000,000, 200,000, 150,000, 200, 20,000, 200, 200, 20,000, 20, 20,0000, 30, 10, 40, 201, 40, 205, 2010

B. (1) On May 9, 2016, the Defendant Company forfeited the benefit of time due to a credit guarantee accident due to overdue loans. (2) On August 17, 2016, pursuant to the credit guarantee agreement, the Plaintiff subrogated to the National Bank Co., Ltd. for the amount of KRW 137,531,80, and KRW 95,506,2974,813 pursuant to the credit guarantee agreement and the third credit guarantee agreement (i.e., KRW 137,531,803, KRW 95,506,290,00 KRW 109,47,474,930, and KRW 179,474,930, and KRW 1792,680 under the third credit guarantee agreement.

C. Defendant B’s property disposal 1) The real estate indicated in the separate sheet with Defendant C on April 5, 2016 (hereinafter referred to as “real estate”).