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(영문) 부산고등법원 2015.09.16 2015나51845
구상금등 청구의 소
Text

1. Revocation of a judgment of the first instance;

2.(a)

The co-defendant C of the first instance trial and the defendant G shall each be listed in attached Table 1.

Reasons

1. Basic facts

A. The instant credit guarantee agreement and C’s joint and several guarantee 1) The Plaintiff Co-Defendant A (hereinafter “A”) in the first instance trial.

upon request of a guarantee, A is a national bank (hereinafter referred to as “national bank”)

B) On March 22, 2011, between A and A, the amount of security deposit of KRW 900 million and the term of guarantee from March 22, 2011 to March 21, 2012 (this later was extended on March 21, 2013).

(2) The term "credit guarantee agreement of this case" (hereinafter referred to as "credit guarantee agreement of this case")

(C) At the time, I and the co-defendant C (hereinafter referred to as “C”) of the first instance trial were concluded.

(4) If a cause falling under any of the following subparagraphs arises with respect to a principal under the credit guarantee agreement of this case, the principal and the joint guarantor shall bear the obligation of advance reimbursement for the amount guaranteed by the Plaintiff even without the notice from the Plaintiff: Provided, That in the event of a cause falling under subparagraphs 1 through 13, the principal and the joint guarantor shall be notified in writing before the Plaintiff exercises the right of advance reimbursement, and the principal and the joint guarantor shall bear the obligation of advance reimbursement for the Plaintiff upon the lapse of the period fixed by the Plaintiff more than 10 days from the date of arrival of the notice. (1) If the principal and the joint guarantor violate Article 5(1) of the Credit Information Management Rules of the Federation of Korea, they shall bear the obligation of advance reimbursement against the Plaintiff. (8) If the principal are a corporate entity, the representative and the manager (including the actual manager) of the company, and the credit status of the principal becomes worse as well as the registration of the public record information becomes objectively worse due to the occurrence of a cause under each of subparagraphs 3 through 13.

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