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(영문) 청주지방법원 2020.11.11 2020가합121
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 492,646,349 and KRW 492,635,134 among them, from December 30, 2019.

Reasons

1. Basic facts

A. On June 29, 2015, the Plaintiff entered into a credit guarantee agreement with Defendant Incorporated Incorporated Company B (hereinafter “Defendant B”) with a credit guarantee transaction amount of KRW 110.5 million, and the credit guarantee transaction period from June 30, 2015 to June 30, 2017, and issued a credit guarantee agreement (hereinafter “instant first agreement”) with the creditor D Bank’s Incheon Branch, and the estimated loan amount of KRW 130 million. Since then, the credit guarantee transaction period was extended to June 30, 2019.

On June 30, 2015, Defendant B obtained a loan of KRW 130 million from D Bank as security.

B. On May 4, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant B, setting the credit guarantee amount of KRW 110,50 million, from May 4, 2016 to May 4, 2019, with the credit guarantee transaction period of KRW 130,000,000 from May 4, 2016, and issued a credit guarantee agreement (hereinafter “instant second agreement”).

Defendant B was loaned KRW 130,000,000 from the D Bank as security at that time.

C. On November 2016, the Plaintiff entered into a credit guarantee agreement with Defendant B, with the credit guarantee amount of KRW 425 million, and the credit guarantee transaction period of KRW 10,000,000,000,000 from the loan date of the credit guarantee transaction period of KRW 500,000,000,000 for creditor D Bank Jeju Branch, and the estimated loan amount of KRW 500,000 (hereinafter “instant third agreement”), and issued a written credit guarantee agreement (hereinafter “instant credit guarantee agreement”).

Defendant B obtained a loan of KRW 500 million from the D Bank as security at that time.

On January 9, 2012, Defendant C assumed office as the representative director of Defendant B, and has been in the position of representative director until now, and as the representative director, Defendant B jointly and severally guaranteed the obligation under the credit guarantee agreement of this case.

E. On December 30, 2019, the Plaintiff filed a total of KRW 492,635,134 of the principal and interest of each of the above principal and interest of Defendant B with D Bank, and penalty for attempted breach, penalty for attempted breach, guarantee fee, and fine for negligence KRW 11,215.

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