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(영문) 서울중앙지방법원 2020.01.16 2018가합576401

구상금 등 청구의 소

Text

1. Defendant A’s KRW 1,766,127,734 and KRW 66,771,783 among the Plaintiff and KRW 342,179,949 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 26, 2016, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) (hereinafter “first guarantee agreement”) and Defendant A jointly and severally guaranteed the indemnity liability.

Pursuant to the first guarantee agreement, the Plaintiff issued to C a credit guarantee certificate (hereinafter “first guarantee certificate”) on June 24, 2016 with the guarantee period of KRW 1,530,000,000, and the guarantee period of KRW 1,800,000 to C on the same day, and C obtained a loan from D Bank as security of the first guarantee period of KRW 1,80,000.

The condition of the first guarantee was respectively changed on June 24, 2016 to June 23, 2017, the guarantee amount of KRW 1,360,00,000, and the guarantee period of KRW 1,360,000,000 on June 22, 2017, the guarantee period of KRW 20 on November 29, 2017, the guarantee period of KRW 1,360,000,00, and November 29, 2017; the guarantee period of November 29, 2017, to May 28, 2018; and the guarantee period of May 25, 2018.

B. On November 22, 2016, the Plaintiff entered into a credit guarantee agreement with C (hereinafter “Second Guarantee Agreement”) and Defendant A jointly and severally guaranteed the indemnity liability of C.

Pursuant to the Second Guarantee Agreement, the Plaintiff issued to C a credit guarantee certificate (hereinafter referred to as “Second Guarantee Certificate”) on November 7, 2017 with the guarantee deposit amount of KRW 360,000,000,000, and the guarantee period of KRW 360,000 to C on the same day, and C was loaned KRW 450,00,000 from an enterprise bank as collateral by the second Guarantee Certificate.

The condition of the second guarantee was respectively changed on February 6, 2018 to the guarantee period on November 7, 2017, and on February 6, 2018 to the guarantee period on February 6, 2018.

C. On November 9, 2017, the Plaintiff entered into a credit guarantee agreement with C (hereinafter “third guarantee agreement”) and Defendant A jointly and severally guaranteed the indemnity liability of C.

Pursuant to the third guarantee agreement, the Plaintiff issued a credit guarantee certificate (hereinafter “third guarantee certificate”) on February 6, 2018 to C on the same day with the guarantee amount of KRW 115,200,00,000, and the guarantee period of KRW 144,00,000 from E Bank as security.

The condition of the third guarantee was changed on February 6, 2018 to August 6, 2018.

The main contents of each credit guarantee agreement above are.