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(영문) 서울고등법원 2016.05.03 2015나2031986 (1)

구상금

Text

1. The part of the judgment of the court of first instance against the defendant (appointed party) and the selected party E shall be revoked;

2. The plaintiff.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company established on October 16, 2003 and engaged in livestock product import business, etc., and is co-defendants in B and C in the first instance trial.

The A served as a representative director from October 26, 2012 to July 3, 2013.

B. The Plaintiff’s credit guarantee agreement of 1234 billion won as of September 24, 2008, with the Plaintiff’s credit guarantee agreement of 1.2 billion won to 2.5 billion won as of June 15, 201 (the credit guarantee agreement of 1.6 billion won to 4.5 billion won as of June 15, 201) and the amount of KRW 1.2 billion to 4.7 billion as of June 26, 201 (the extension of 1.5 billion won to 4.7 billion won as of June 24, 2010) and the credit guarantee agreement of 2.5 billion to 6.7 billion won as of September 23, 2009 (the extension of 1.6.4 billion won to 6.5 billion won as of September 24, 2013) respectively. < Amended by Presidential Decree No. 25564, Jun. 16, 2014>

After the conclusion of the contract, the Plaintiff received a credit guarantee form under the respective credit guarantee agreements of this case from the Industrial Bank of Korea as collateral, and B and C obtained a loan from the Industrial Bank of Korea as collateral. On January 25, 2013, the amount of KRW 600 million out of the limit amount under the agreement of this case, KRW 212.5 million out of the limit amount under the agreement of this case 2, and KRW 1 billion out of the limit amount under the agreement of this case 3, KRW 850 million out of the limit amount under the agreement of this case 4, and KRW 850 million out of the limit amount under the agreement of this case, interest, delay damages, expenses, etc., A jointly and severally guaranteed the indemnity obligation against the Plaintiff.

3. The main contents of each credit guarantee agreement of this case are as follows: A and joint guarantor shall be the Plaintiff when the Plaintiff fulfilled the guaranteed obligation.