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(영문) 서울중앙지방법원 2018.10.11 2017가합586470

구상금 및 사해행위취소 청구의 소

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,097,164,728 and KRW 334,853,398 among them. < Amended by Presidential Decree No. 28290, Sep. 1, 2017>

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 18 (including, if any, various numbers; hereinafter the same shall apply) and Eul evidence 1, either in full purport of the entire pleadings:

1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

As between the two, each credit guarantee agreement (hereinafter collectively referred to as "each credit guarantee agreement of this case") shall be deemed as follows:

(1) Guarantee number of the first credit guarantee agreement between March 26, 2015 and March 25, 2016: Guarantee amount: 368,000 won: (a) The principal of the Bank of Korea shall be changed to guarantee amount of KRW 460,200,000; (b) The extension of guarantee amount of KRW 331,20,000 to the Plaintiff on March 23, 2018; (c) the guarantee number of the second credit guarantee agreement of KRW 205: D: the guarantee period of KRW 46,00,000; and (d) the extension of guarantee amount of KRW 30,000 to the Plaintiff on May 17, 2016; and (e) the extension of guarantee amount of KRW 360,50,000; and (e) the extension of guarantee amount of KRW 205,50,000; and (e) the extension of guarantee amount of KRW 205:30,505,5,5019.

B. The occurrence of a credit guarantee accident and the principal of each of the above loans by Defendant A on June 7, 2017, which occurred due to the occurrence of a credit guarantee accident and the Plaintiff’s subrogation.