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(영문) 부산지방법원 2015.11.27 2015가단213229

구상금

Text

1. As to KRW 110,236,367 and KRW 106,854,961 among the Plaintiff, Defendant A and B shall jointly and severally serve as the Plaintiff. < Amended by Act No. 1329, Apr. 14, 2015>

Reasons

1. Determination on the claim for indemnity

A. The following facts are not in dispute between the Plaintiff and the Defendant B, and between the Plaintiff and the Defendant A, it is deemed that the Defendant A led to confession pursuant to Article 150 of the Civil Procedure Act:

1) On February 14, 2014, the Plaintiff: (a) between Defendant A and Defendant A, who operates L, and Defendant A, a New Bank Co., Ltd., Ltd. (hereinafter “Nonindicted Bank”); (b)

(2) At the time of the above credit guarantee agreement, Defendant A entered into a credit guarantee agreement with respect to a loan obligation owed to the non-party bank by means of credit guarantee such as the issuance of a credit guarantee certificate, and on the same day, Defendant A issued a credit guarantee (the respondent A, the guaranteed number M, the guaranteed amount of KRW 116,00,000, and the guaranteed period of February 13, 2019) in accordance with the above credit guarantee agreement. (2) At the time of the above credit guarantee agreement, Defendant A guaranteed a debt owed to the Plaintiff pursuant to the above credit guarantee agreement. Defendant A issued the above credit guarantee certificate to the non-party bank on the same day, and obtained a loan of KRW 145,00,000 from the non-party bank.

3) However, since January 15, 2015, Defendant A delayed the repayment of the above principal and interest of loan from around January 15, 2015, Nonparty A requested the Plaintiff to discharge the guaranteed obligation under the credit guarantee agreement while notifying the Plaintiff of the occurrence of a credit guarantee accident. Accordingly, on April 14, 2015, the Plaintiff paid the Plaintiff the principal and interest of KRW 106,854,961 (i.e., interest of KRW 104,40,00,000) (i.e., interest of KRW 2,454,961) to the non-party bank until the time when the credit guarantee agreement was reached.