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(영문) 대구지방법원 2015.04.09 2014가합201838

구상금 등

Text

1. The Plaintiff:

A. Defendant A, B, and D are jointly and severally liable for 1,802,125,607 won and 1,801,03.

Reasons

1. Following the facts of recognition are as follows: (a) between the Plaintiff and the Defendant Company A (hereinafter, “Defendant A”), B, C, and D (hereinafter, “Defendant D”) pursuant to Article 150 of the Civil Procedure Act, the said Defendants were led to confession; and (b) between the Plaintiff and the Defendant E, pursuant to the purport of each of the statements and arguments as set forth in subparagraphs 1 through 9.

(1) The Plaintiff entered into a credit guarantee agreement between Defendant A and D as indicated in the table of paragraph (2) below (hereinafter “each credit guarantee agreement of this case”). Defendant A, B, C, and D jointly and severally guaranteed the obligation that Defendant A and Defendant D owes to the Plaintiff under each credit guarantee agreement of this case as listed in the table of paragraph (2). However, Defendant C was exempted from joint and several liability under the first and second agreement of each credit guarantee agreement of this case. Defendant A was exempted from each of the credit guarantee agreements of this case. Defendant A was subject to the first, second, and third agreement of each of the credit guarantee agreements of this case. Defendant D submitted a credit guarantee agreement of each of the credit guarantee agreements of this case with the Plaintiff as listed in the table below, and Defendant D was loaned from the National Bank of Korea (hereinafter “National Bank”) as listed in the table below.

ADDDD A B BJJ C CF H I3, and according to the credit guarantee agreement in this case, where the Plaintiff performed the guaranteed obligation on behalf of the Defendant A, B, C, and D, the Defendant A, B, C, and D shall pay the Plaintiff the amount subrogated by the Plaintiff and the damages for delay calculated by the rate of damages, and the expenses incurred in the preservation, transfer, and exercise of the rights acquired by the Plaintiff through the Plaintiff’s performance of the guaranteed obligation, and the rate of damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the present.

In addition, when Defendant A and D fail to perform the obligation of the instant loan, which is the principal obligation, the Plaintiff may seek a prior claim without prior notice or demand from the said Defendants.

(b).