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(영문) 부산지방법원동부지원 2020.06.09 2018가단219118

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff, but Defendant B is within the scope of the property inherited from the network C, and on 225.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).

between Defendant A and Defendant D, Inc. (hereinafter “D”).

The following table shall apply to the principal and interest of loan to be borne in receiving loans from them:

1. After entering into a guarantee agreement (hereinafter referred to as the “instant guarantee agreement”) as stated in the terms of the guarantee agreement, the Defendant A issued the guarantee certificate in D, and the following table:

2. A loan has been granted according to the details of the loan;

Afterwards

1. The term of guarantee of the 1st guarantee agreement was changed on June 22, 2018, and the term of guarantee of the 2nd guarantee agreement was changed on November 16, 2018.

List

1. The details of guarantee (unit: unit) No. 1 E 136,00,000,000 under guarantee period for guarantee date of guarantee deposit; on June 30, 2010, June 30, 201, a list of short-term general loans for enterprise driving on a short-term loan of 2F 85,000,000 on November 18, 2015;

2. The loan details: (a) No. 1 E 136,00,000,000 on June 30, 2010, 2002F 85,000,000,000 on June 23, 2015; (b) the network C (the deceased on February 28, 2018; hereinafter referred to as “the deceased”) in which Defendant A’s representative director was the representative director.

(3) According to the instant guarantee agreement, Defendant A or the deceased jointly and severally guaranteed the Plaintiff’s obligation pursuant to the instant guarantee agreement. In the event that the Plaintiff performed the guaranteed obligation, the Defendant A or the deceased shall pay to the Plaintiff the amount of the guaranteed obligation, the amount of damages for delay calculated at the rate of 10% per annum from the date of performance to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation

B. The occurrence of a guarantee accident and the Plaintiff’s subrogation 1) The guarantee accident due to the Defendant A’s loss of the benefit of time due to the extension of the guaranteed loan on May 10, 2018 (hereinafter “instant guarantee accident”).

A. The plaintiff is demanding the performance of D's guaranteed obligation.