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(영문) 서울중앙지방법원 2015.04.15 2014나40427
구상금 등 청구의 소
Text

1. The part against the defendant in the judgment of the first instance shall be modified as prescribed in paragraph (2);

2. Each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On February 12, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with a co-defendant A Co-Defendant A Co-Defendant A Co-Defendant A (formerly changed: D Co., Ltd.; hereinafter “Nonindicted Company”) at KRW 80,00,000,000, and the guaranteed principal until February 11, 2010 (the period thereafter extended until February 8, 2013) (hereinafter “instant credit guarantee agreement”).

B. At the time, B, as the representative director of the non-party company, guaranteed all debts owed by the non-party company to the plaintiff according to the credit guarantee contract of this case, and the part related to this case is as follows.

1) In the event that the Plaintiff performs the guaranteed obligation under the instant credit guarantee contract, the non-party company shall reimburse to the Plaintiff the amount of the guaranteed obligation and the interest rate calculated by the method of calculation as determined by the Plaintiff from the date of performance of the guaranteed obligation, and the expenses incurred in preserving, transferring, or exercising the right acquired by the Plaintiff as a result of the performance of the guaranteed obligation (Article 10) (Article 10). (2) When the non-party company violated the obligation to perform the guaranteed obligation (Article 10) (Article 10), seizure, provisional seizure, provisional disposition, provisional disposition, or application for auction against the non-party company, rehabilitation procedure, bankruptcy procedure, commencement of individual rehabilitation procedure, or entry into liquidation (Article 3), the application for the credit recovery support (Article 4), the closure of the business, or the reason for the suspension of transaction from the clearing house (Article 5), the cause for the suspension of credit recovery has occurred (Article 6), the information on subrogation payment (including related information on subrogation), information related to financial order and public information column, and the Plaintiff received a credit guarantee creditor claim without prior notice or credit guarantee agreement.

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