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(영문) 광주지방법원 2017.02.03 2016가단531367

구상금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 140,095,055 and KRW 140,067,895 among them shall be the Defendant from October 31, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement and joint and several guarantee 1) on October 27, 2008, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) under the joint and several guarantee of Defendant B (hereinafter “Defendant A”).

As between the credit guarantee principal and the credit guarantee agreement that guarantees Defendant A’s obligations for loans to the Industrial Bank of Korea (hereinafter “the first credit guarantee agreement of this case”) by determining by October 26, 2009 the credit guarantee principal as well as by October 26, 2009 (the change between October 21, 2016 and then October 201) (hereinafter “the first credit guarantee agreement of this case”).

(1) Defendant A entered into a credit guarantee agreement with the Industrial Bank of Korea on October 28, 2008 and April 26, 2012 (Evidence 1-1-2, 2008, 2000, 200,000 won in the credit guarantee principal, and the credit guarantee period as of October 30, 2014 (amended by the end of October 28, 2016). Defendant A entered into a credit guarantee agreement with the Industrial Bank of Korea to guarantee the obligations of loans to the Industrial Bank of Korea (hereinafter “the second credit guarantee agreement of this case”) and Defendant A received a small and medium enterprise loan from the Industrial Bank of Korea on October 31, 2013 (hereinafter “the second credit guarantee agreement of this case”). < Amended by Act No. 11614, Oct. 31, 2013>

(A) On October 31, 2013, the Plaintiff guaranteed a credit guarantee agreement (hereinafter referred to as the “third credit guarantee agreement of this case”) that guarantees the Defendant’s obligation to lend to the Bank of Korea (hereinafter referred to as the “third credit guarantee agreement of this case”) by setting the credit guarantee principal of the credit guarantee principal between the Defendant A and the Defendant under the joint and several guarantee of Defendant B, as of October 30, 2014 (amended by October 28, 2016) and setting the credit guarantee term (hereinafter referred to as the “third credit guarantee agreement of this case”).

Defendant A entered into a contract with the Industrial Bank of Korea on April 25, 2014 (Evidence No. 1-3, No. 2-3, and No. 3). According to each credit guarantee agreement of this case, if the Plaintiff fulfills the guaranteed obligation, Defendant A was to perform the guaranteed obligation, and the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment.