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(영문) 서울중앙지방법원 2015.10.14 2015가단5003634

구상금

Text

1. The Defendant jointly and severally with B, C, and D as to KRW 237,693,475 and KRW 235,915,343 among the Plaintiff.

Reasons

1. Basic facts

A. On July 13, 2009, B Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff entered into a credit guarantee agreement to guarantee the Plaintiff within the scope of KRW 153,00,000 with a general loan from a new bank (hereinafter “the first guarantee agreement”). Accordingly, the Nonparty Company received a loan of KRW 180,000,000 from the new bank branch office.

B. The Defendant, C, and D set the loan guarantee period from July 13, 2009 to July 12, 2010 as the loan guarantee period, and the non-party company guaranteed the performance of all obligations to be borne by the Plaintiff under the first guarantee contract.

C. On July 8, 2011, the non-party company and the Plaintiff respectively concluded a credit guarantee agreement to guarantee the loan within the scope of KRW 57,800,000 and KRW 43,200,00, respectively, upon receiving a general loan and a corporate purchase loan from a new bank (hereinafter “the non-party company”). Accordingly, the non-party company received a loan of KRW 68,00,000 and KRW 54,00,000 from the branch office of the new bank bank, respectively.

From July 8, 2011 to July 6, 2012, the Defendant, C, and D guaranteed the repayment of all obligations owed by the non-party company to the Plaintiff under the second and third guarantee contract.

E. On July 5, 2014, the new bank notified the Plaintiff of the occurrence of a credit guarantee accident, where each of the loans was overdue due to the decline in the sales of the non-party company and overdue debts due to the decline in cash.

On October 31, 2014, the Plaintiff collected KRW 132,843,188 under the first guarantee contract (i.e., recovery of KRW 1,280 on November 4, 2014 to become KRW 132,841,908), and on the same day, KRW 59,016,142 under the second guarantee contract, and KRW 44,057,293 under the third guarantee contract on the same day.