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(영문) 서울서부지방법원 2015.05.29 2014가단248720

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 970,344,804 and KRW 692,943,048 among them, from May 29, 2014, and 276.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded each credit guarantee agreement and issued each credit guarantee certificate 1)

(i)A loan of KRW 300,000,000 from the National Bank (main debt: B2B purchase loan) was granted by the National Bank, on March 16, 2009, the guaranteed amount was changed to KRW 285,000,000 between the Defendant Company and the Defendant Company on March 16, 209 (the guaranteed amount was changed to KRW 270,000,000).

(B) From March 16, 2009 to March 15, 2010, the guarantee period was finally changed on March 14, 2014.

(i) enter into a credit guarantee agreement prescribed therein, and on the same day, issued to the Defendant Company a letter of credit guarantee with the aforementioned content (hereinafter referred to as “first guarantee”).

(2) On April 1, 2010, the Plaintiff issued a credit guarantee agreement between Defendant Company and the maximum amount of KRW 1,00,000,000, and the maximum amount of KRW 1,000 from April 1, 2010 to March 31, 201, with Defendant Company’s joint guarantee agreement to issue a separate credit guarantee certificate within the maximum amount and the maximum amount of KRW 450,000,00 from Defendant Company’s Bank. On April 6, 2010, the Plaintiff issued a credit guarantee agreement to the maximum amount of KRW 405,00,000, and the guarantee period was changed to USD 40,000 on April 5, 201 (the last change to the guarantee period after this change to USD 40,000,000 on April 4, 201, and the guarantee period was changed to USD 204,010 on April 4, 2014 (hereinafter “Defendant Company”).

(hereinafter “Third Guarantee.” According to each credit guarantee agreement concluded between the three Plaintiff and the Defendants, in the event that the Plaintiff performed the guaranteed obligation due to the nonperformance by each creditor bank of the Defendant Company, the Defendants shall pay the amount of the guaranteed obligation to the Plaintiff and the repayment date of the guaranteed obligation.