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(영문) 부산지방법원 2017.01.18 2016가합47037

구상금

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 388,216,419 and KRW 387,747,392 among them. < Amended by Presidential Decree No. 27159, May 20, 2016>

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “A”) concluded a credit guarantee agreement.

between Defendant A and (hereinafter referred to as the “instant credit guarantee agreement”) shall provide a credit guarantee agreement to guarantee the performance of each obligation of Defendant A as described below:

Defendant A’s internal director, Defendant A’s in-house director, and Defendant A’s contract between the Plaintiff and the Plaintiff to provide joint and several surety for Defendant A’s obligation under the instant credit guarantee contract (hereinafter “instant joint and several surety contract”).

(1) According to the Industrial Bank of Korea’s loan repayment obligation against the Industrial Bank of Korea on March 7, 2014 (final amendment, 38,250,000) 1D 1D 20,000 (final amendment, 38,250,000) of the guaranteed principal on the date of guarantee (the date of final extension, 3 March 3, 2017) 50,000,00 (final amendment, 42,50,000) (the date of final extension, 42,50,000) of the loan repayment obligation against the Industrial Bank of Korea on March 7, 2014 (the date of final extension, 30,000,000,000,000) and the Plaintiff’s debt repayment obligation on April 18, 2014 (the date of final extension, 30,015,015, 2017).

B. The occurrence of the instant guarantee accident and the Plaintiff’s subrogation 1) Defendant A offered a credit guarantee certificate to the Industrial Bank of Korea on the basis of the instant credit guarantee contract, and received a loan from the Industrial Bank of Korea. (2) However, Defendant A incurred a credit guarantee accident due to a natural structure, etc. (hereinafter “instant guarantee accident”) on April 8, 2016. Accordingly, the Plaintiff on May 20, 2016.