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(영문) 서울중앙지방법원 2018.04.05 2017가단5132635

구상금

Text

1. As to KRW 590,714,118 and KRW 353,482,105 among the Plaintiff, Defendant A Co., Ltd., Ltd., from May 25, 2016 to the Plaintiff, and 225.

Reasons

1. Facts of recognition;

A. On May 9, 2013, the Plaintiff issued to the Defendant Company a letter of credit guarantee due to the entrustment of credit guarantee and loan 1) a letter of credit guarantee due to the entrustment of credit guarantee to the Defendant Company A (hereinafter referred to as the “Defendant Company”) with the request of the Defendant Company A (hereinafter referred to as the “Defendant Company”) to provide credit guarantee in order to obtain a corporate purchase loan from an enterprise bank, and issued to the Defendant Company a letter of credit guarantee as of November 29, 2013 with the principal guaranteed by the Defendant Company as of May 9, 2013.

(hereinafter referred to as “first guarantee”). Since then, the term of guarantee has been renewed several times, and was changed to November 25, 2016, and the principal of the guarantee was changed to KRW 448,00,000.

B) Upon the request of the Defendant Company, the Plaintiff decided to provide a credit guarantee for the obligation to pay the transaction amount to be borne by the Defendant Company to the UPPPP Co., Ltd., and on November 11, 2014, the Plaintiff issued to the Defendant Company a credit guarantee certificate with the maturity of KRW 100,000,000, and the period of guarantee as of November 10, 2015 (hereinafter “No. 2 guarantee”).

(C) On November 11, 2014, the period of guarantee was changed to November 9, 2016.) The Plaintiff, upon the request of the Defendant Company, provided a credit guarantee to the Defendant Company for the obligation to pay the payment of the transaction amount to be borne by the Hanwon District Co., Ltd. on November 11, 2014, issued to the Defendant Company a credit guarantee certificate with the amounting to 200,000,000,000, and the period of guarantee as of November 10, 2015.

(hereinafter “Third Guarantee.” After that, the term of guarantee was changed to November 9, 2016, the Plaintiff provided a credit guarantee for the obligation to pay the transaction amount to be borne by the Defendant Company to the Han-gu Branch Co., Ltd. upon the Defendant Company’s request, and on October 30, 2015, the Plaintiff issued to the Defendant Company a credit guarantee certificate with the principal of guarantee KRW 200,000,000, and the term of guarantee as of October 28, 2016 (hereinafter “No. 4 guarantee”).

(2) 2) The Plaintiff’s agreement on indemnity provides each of the above credit guarantees for the Defendant Company, and the Defendant Company provides the Plaintiff’s credit guarantees.