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(영문) 서울중앙지방법원 2015.05.01 2014가합43101

구상금등

Text

1. The Defendants shall jointly and severally pay 79,195,594 won and 20% per annum from April 1, 2015 to the date of complete payment.

Reasons

1. Period of an agreement for the classification of the basic facts: Guarantee and loan (limit Transactions and Subscription Transactions) under the Agreement between March 10, 2008 and March 9, 2010; and Guarantee and Loan (Limit Transactions and Subscription Transactions) under the Agreement between March 10, 208 and March 9, 2010; from June 10 to June 9, 2011, the Agreement between June 3, 201 and June 12, 2010 to March 12, 2011; Guarantee and Loan (Limit Transactions and Subscription Transactions) under the Agreement between October 26, 2010 to October 25, 2012.

Defendant A Co., Ltd. (hereinafter “Defendant A”) joined the Plaintiff Association as a member and entered into a business transaction agreement with the Plaintiff Association to obtain a guarantee or loan necessary for various works from the Plaintiff Association as follows, and Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the obligations of the Defendant Company as stipulated in the said business transaction agreement.

B. The Plaintiff Union paid the deposited money of KRW 496,795,992, including the deposit deposit amount of KRW 280,00,000 under the first agreement, and the deposit amount of KRW 33,625,902 under the second agreement, as stated in the “guarantee Creditor” column of the attached Table of Debt Guarantee Payments.

on March 12, 2011, the Special Credit Management Fund of Arrangement 3 Agreement dated March 12, 201, on March 12, 2010, 201, the amount of loan extended on March 79, 300,000 on March 12, 201, in aggregate of the loans extended on October 26, 201, 371,80,000,000

C. The Plaintiff Union loaned the Defendant Company KRW 79,300,000 for special credit management funds under the third arrangement, and KRW 292,50,000 for credit management funds under the fourth arrangement.

When the defendant company did not pay the above guarantee payment and loan to the plaintiff company, the plaintiff union partially appropriated the above guarantee payment and loan through the realization procedure of investment certificates that the defendant company invested in the plaintiff union, and the other joint and several suretiess related to the above agreement pay their debts to the plaintiff union of the defendant company.