beta
(영문) 서울고등법원 2016.03.31 2015나2046551

구상금 등 청구의 소

Text

1. The part of the judgment of the court of first instance against Defendant A and B shall be revoked, and the plaintiff who falls under the revoked part shall be the defendant A and B.

Reasons

1. Basic facts

A. The Plaintiff and E’s credit guarantee agreement 1) The Plaintiff guaranteed the obligation of small and medium enterprises which lack security capacity under the Korea Technology Credit Guarantee Fund Act and facilitate funding for small and medium enterprises, thereby contributing to the development of the national economy. 2) The Plaintiff concluded a credit guarantee agreement with E Co., Ltd. (hereinafter “E”) on three occasions as indicated below, and issued a credit guarantee agreement.

(2) On or after April 12, 2005, the principal of the guaranteed principal (the term of guarantee) is changed to KRW 80 million for the guaranteed principal, and on or after April 3, 2015 for the term of guarantee (hereinafter “the first credit guarantee agreement”). After the Industrial Bank of Korea loan 100 million won, the principal of the guaranteed principal was changed to the amount of KRW 250 million for the performance of the guaranteed obligation to the Plaintiff on or after February 6, 2015 (the date of the repayment of the guaranteed obligation) (the date of the repayment of KRW 200 million for the performance of the guaranteed obligation after February 9, 2010, KRW 100,000 (the date of the repayment of the guaranteed obligation), and KRW 300,000,000 from the date of the performance of the guaranteed obligation to the Plaintiff on or after February 26, 2015 (the date of the repayment of the principal of the guaranteed obligation to the Plaintiff on or after February 25, 2017, 2015 billion.

B. The defendant A and B's joint and several sureties shall be the E in accordance with the respective credit guarantee agreements of this case.