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(영문) 서울중앙지방법원 2015.11.04 2014가합544499

구상금 등

Text

1. Of the Plaintiff’s lawsuit against the KIKO Savings Bank, the Plaintiff indicated in paragraphs 1 through 3 of the attached Table 1.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) between G Co., Ltd. (hereinafter “G”), around June 29, 2004, with the credit guarantee principal of KRW 255,00,000, the credit guarantee period from June 29, 2004 to June 28, 2005 (final credit guarantee principal of KRW 208,000,000, and the period of credit guarantee was changed to June 21, 2013, respectively) (hereinafter “credit guarantee agreement”), and issued a credit guarantee agreement to G pursuant to the first credit guarantee agreement, and G received a loan of KRW 30,00,00,000 from the Korean bank as a collateral, and then obtained a credit guarantee agreement from 00,000,000, KRW 510,000,000, KRW 300,000, KRW 16,308,206, etc. (hereinafter “the credit guarantee agreement”).

On the other hand, Defendant A guaranteed the obligation to be borne by G to the Plaintiff according to the credit guarantee agreement in accordance with the first and second credit guarantee agreements.

B. According to each credit guarantee agreement of paragraphs 1 and 2, when an application for seizure, provisional seizure, provisional disposition, application for auction or bankruptcy, or commencement of company reorganization procedure is entered into liquidation, when a business has been discontinued or has not been operated continuously for three months or more, when a disposition of suspension of transaction was taken, when a disposition of suspension of transaction was issued by a clearing house, when a ground for registration of bad credit information under the "Credit Information Management Rules" of the Korea Federation of Banks occurred, when a ground for registration of bad credit information under the "Credit Information Management Rules" of the Korea Federation of Banks has not been performed, when there are many creditors of credit guarantee for the plaintiff G, or when there are many creditors of credit guarantee for the plaintiff G,