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(영문) 서울중앙지방법원 2015.07.24 2014가합567539
구상금 등 청구의 소
Text

Defendant A shall pay to the Plaintiff KRW 1,009,045,920 as well as KRW 952,532,197 as well as the remainder of the money from July 10, 2014.

Reasons

Basic Facts

The Plaintiff is a legal entity that runs the business of credit guarantee, etc. for a company, and D (hereinafter “D”) is a company that runs the business of export and import of chemical drugs, etc., Defendant B is a company that runs the business of export and import of chemical drugs, etc., Defendant A is a representative of D as a director in-house and a legal manager in the rehabilitation procedure.

The Plaintiff entered into a credit guarantee agreement and the implementation thereof (hereinafter “each of the credit guarantee agreements of this case”) with the content that the Plaintiff would make a substitute payment if D fails to pay the credit loans after obtaining the credit loans from the lending bank under the following subparagraphs, and the Defendant A jointly and severally guaranteed the obligations under the respective credit guarantee agreements of this case.

(A) No. 1-1, 2, 3, 2-2, 3, 3-1, 3-1, 2, 3-1, 2, and 3-1, 3-2, and 3-3 of the evidence No. 1-2 of the evidence No. 1-2, 200,000 within the term of guarantee of the principal guaranteed on the date of the agreement No. 15, Feb. 15, 2013 (Extension of the Industrial Bank of Korea until February 13, 2015) extended by the Industrial Bank of Korea until February 14, 2013 (Extension of the Industrial Bank of Korea as of February 13, 2015), the amount calculated by multiplying the amount of guarantee guaranteed by the Plaintiff’s performance of the guaranteed obligation by the repayment rate of the guaranteed obligation under the agreement between the Industrial Bank of Korea and the Plaintiff’s repayment of the guaranteed obligation by the date of the Plaintiff’s performance of the guaranteed obligation by the date of February 14, 2015

(A) No. 1-3, A-2-3, and A-3-3). D was granted loans from the lending bank below as security by the guarantee under each credit guarantee agreement of this case:

(Evidence Nos. 4-1, 2, 5-1, 2, 6-1, 5-2, and 6-1, 5-1, 5-2, 5-2, 5-1, 15, 275, 15, 200.

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