beta
(영문) 대구지방법원 서부지원 2018.07.19 2016가합50222

구상금 등

Text

1. The Plaintiff:

A. Defendant A and B shall be either KRW 196,021,642, respectively, within the scope of the property inherited from the network E.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established under the Credit Guarantee Fund Act. 2) The Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company aimed at manufacturing general waste recycling business, and the network E (hereinafter “the network”) was the representative director of the said company from June 13, 2013.

3) On March 11, 2009, Defendant A and B were the brothers and sisters of the Deceased, and Defendant D was the relatives of the Deceased. (b) On March 11, 2009, the Plaintiff entered into a credit guarantee agreement between the Deceased and the National Bank Co., Ltd. (hereinafter “National Bank”) with respect to the obligation of corporate general loans of KRW 200 million against the Deceased’s National Bank (hereinafter “ Obligation A”) (hereinafter “National Bank”), the guarantee amount of KRW 200 million, and the guarantee period from March 11, 2009 to March 10, 2010 (hereinafter “Credit Guarantee Agreement”). Accordingly, the Plaintiff provided credit guarantee for the said obligation to the National Bank, and G was jointly and severally guaranteed for the obligation under the said credit guarantee agreement.

Since then, the guarantee period of the above credit guarantee was extended until March 4, 2016, and the guaranteed amount was changed to KRW 180 million on March 8, 201.

2) On June 26, 2012, the Plaintiff’s debt of KRW 100 million to the National Bank of the Deceased’s national bank (hereinafter “second debt”) between the Deceased and the Deceased.

A) As to the Credit Guarantee Agreement with the content of a credit guarantee agreement between June 26, 2012 and June 25, 2013 (hereinafter “Second Credit Guarantee Agreement”) for the guarantee amount of KRW 85 million and the guarantee period of KRW 85 million (hereinafter “B Credit Guarantee Agreement”).

(3) The Plaintiff was on April 2015, 2015, when the guarantee period of the above credit guarantee agreement was extended until June 24, 2016, and the guarantee amount was changed to KRW 7,650,000 on June 24, 2014.