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(영문) 창원지방법원 2014.04.04 2013가단76744

구상금등

Text

1. The Plaintiff:

A. Defendant A and C jointly and severally commit 14,964,528 won and 4,150,098 won among them. < Amended by Act No. 11035, Nov. 19, 2012>

Reasons

1. Basic facts

A. On June 9, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “credit guarantee agreement”) under which the credit guarantee principal is KRW 20,000,000, and the credit guarantee term from June 9, 2009 to June 9, 2014 (hereinafter “credit guarantee agreement”); (i) the credit guarantee principal is 6,00,000,000, and the credit guarantee term is from July 15, 201 to July 15, 2011 (the extension of the credit guarantee term, upon request for change of conditions, from July 15, 2012 to July 15, 201). At the time of payment by subrogation of Defendant A, the Plaintiff paid the Plaintiff the debt guarantee agreement to the Plaintiff under Article 17 of the Credit Guarantee Agreement from the date of subrogation to the date of repayment; and (ii) the Plaintiff’s debt guarantee agreement under Article 2 of the Credit Guarantee Agreement to compensate the Plaintiff’s debt owed to the Plaintiff under the Credit Guarantee Agreement.

B. Under the first credit guarantee agreement of this case on June 9, 200, Defendant A received KRW 20,000 from the Nonghyup Bank for general loan loans, and on July 15, 2010, pursuant to the second credit guarantee agreement of this case on July 15, 2010, Defendant A sought a loan of KRW 6,000,000 from a national bank, but Defendant A sought a credit guarantee accident due to unpaid payment of the agreed date on June 12, 2012, under the first credit guarantee agreement of this case, Defendant A filed a claim against the Plaintiff on November 20, 2012 for the balance of the principal and interest of the loan based on the first credit guarantee agreement of this case, and Defendant A filed a claim against the Plaintiff for a credit guarantee accident pursuant to this natural body under the second credit guarantee agreement of this case on May 21, 2012, Defendant A fulfilled the principal and interest of the loan agreement of KRW 10,51,420,000.

C. Accordingly, the Plaintiff subrogated to each of the above creditor banks.

On the other hand, 24,650 won shall be paid to the Plaintiff by Defendant A, B, and C.