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(영문) 서울고등법원 2017.08.30 2016나2080671

구상금

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. (i) The relationship between the Defendants and K limited liability companies (hereinafter “K”) is a company established on June 11, 1990 for the purpose of ordinary extraction and aggregate sales business.

SheB has been operating K as the substantial largest shareholder of K, and C has been serving as the employee of K when it holds 10% of the shares issued by K as the fourth sentence of B.

【Defendant D” holds 25% shares out of the shares issued by K as a type B.

Applicant, Defendant U Co., Ltd. (hereinafter “U”) is a company incorporated on April 14, 1990 for the purpose of mentmen, brick processing, production and sale, etc., and operated actually by Defendant D.

(v) Defendant F is a P child who borrowed money from around 1995 by B.

⑹ 피고 J는 C의 처이다.

B. B and C’s joint guarantee (i) The Plaintiff entered into a credit guarantee agreement between K and K on October 13, 2006 with respect to a loan received by K from the Korea Exchange Bank (hereinafter “each of the instant credit guarantee agreements”) as of October 17, 2007 with the guaranteed principal as of October 13, 2006, (ii) the credit guarantee agreement as of April 24, 2012, (iii) the guaranteed principal as of April 24, 2012, and (iv) the term of the guarantee (hereinafter “each of the instant credit guarantee agreements”).

SheB and C have jointly and severally guaranteed the indemnity obligation owed by K to the Plaintiff in accordance with each credit guarantee agreement of this case.

(hereinafter referred to as the “joint and several guarantee agreement of this case”). The term “joint and several guarantee agreement of this case” refers to each of the credit guarantee agreements of this case, and when the plaintiff performs the guaranteed obligation under each of the credit guarantee agreements of this case, the debtor K and the joint and several surety, B and C shall pay immediately the amount of the plaintiff’s subrogation and the damages for delay, and

C. K’s loan obligation is due to the credit guarantee agreement of this case submitted to the Korea Overseas Bank issued by the Plaintiff around the day of each credit guarantee agreement of this case and borrowed KRW 74,765 million in total.

B The disposal of the property in Section B.