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(영문) 서울중앙지방법원 2014.01.10 2013가합510260

구상금 등

Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff, and KRW 1,174,122,010 among them and KRW 1,170,813,371 among them.

Reasons

1. Basic facts

A. The Plaintiff and R’s credit guarantee agreement and Defendant A, B, C, and D’s joint and several sureties 1) are the Plaintiff Company R on December 26, 2008 (hereinafter “R”).

Until December 24, 2009, the term of credit guarantee and principal KRW 225 million and the term of credit guarantee (this term of guarantee was extended until December 20, 2013) (this term of guarantee was extended by December 20, 2013).

(i) concluded a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”)

(3) AR was granted a loan of KRW 300 million from the Industrial Bank of Korea as security under the credit guarantee agreement issued by the Plaintiff pursuant to the credit guarantee agreement. On September 18, 2009, the Plaintiff extended the term of guarantee by September 17, 2010 until the said term of guarantee was extended by September 13, 2013 (the term of guarantee thereafter extended by September 13, 2013).

(ii) concluded a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”)

(B) AR was granted a loan of KRW 600 million from the Industrial Bank of Korea as security under the credit guarantee agreement issued by the Plaintiff pursuant to the credit guarantee agreement. On May 4, 2010, the Plaintiff extended the term of guarantee by May 4, 2011 (the term of guarantee thereafter was extended by May 3, 2013).

(iii) concluded a credit guarantee agreement (hereinafter referred to as “third credit guarantee agreement”)

(2) R was granted a loan of KRW 375 million from the Industrial Bank of Korea as security, with a credit guarantee certificate issued by the Plaintiff pursuant to a credit guarantee agreement under Article 3. On May 4, 2010, the Plaintiff extended the term of guarantee by May 4, 2011 (the term of guarantee thereafter extended by May 3, 2013) to KRW 270 million in the principal of R and credit guarantee, and the term of credit guarantee (the term of guarantee thereafter extended by May 3, 2013).

(iv) concluded a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”)

(2) AR was granted a loan of KRW 270 million from the Industrial Bank of Korea as security by the Plaintiff’s credit guarantee agreement under Article 4.2) Defendant A Co., Ltd. (hereinafter “A”), B, C, and D, pursuant to the credit guarantee agreement between the Plaintiff and R, and the Plaintiff.