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(영문) 창원지방법원 2016.10.13 2015가합35256
구상금
Text

1. The Plaintiff:

A. Defendant A, Defendant B, Defendant C, and Defendant D are jointly and severally and severally liable for 427,750,590 won.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”) entered into a guarantee agreement between the Plaintiff and the Defendants

Defendant B (hereinafter “Defendant B”) as set out in Nos. 1 and 1.

(2) As set out in the table Nos. 2 and 2, each of the Defendant A and B (hereinafter referred to as “new bank”) is a new bank

(3) The term “each guarantee agreement of this case” (hereinafter “each guarantee agreement of this case”) provides a credit guarantee agreement to guarantee a loan.

(C) Defendant A, C, and D jointly and severally guaranteed the obligation of Defendant A and the Plaintiff to repay the repayment amount, etc. on March 27, 2015, KRW 200 million, KRW 1770 million on March 27, 2015, KRW 170 million on March 27, 2010, KRW 170 million on March 27, 2015, KRW 200, KRW 1700,000, KRW 27, 2015.

B. The Plaintiff’s subrogation and various expenses 1) As to July 15, 2015, the Plaintiff paid insurance money of KRW 247,109,457, and KRW 174,345,153 as to the No. 1 of 157 on July 16, 2015 to our bank, as to the Plaintiff’s payment of the money borrowed from the Defendant A and B to the new bank. According to the instant guarantee contract, the Defendant A and B agreed to reimburse the Plaintiff’s legal procedure expenses incurred by the Plaintiff in order to preserve the Plaintiff’s claim for reimbursement of the principal amount, etc. under the instant guarantee contract.

3) The penalty for attempted penalty calculated under the above paragraphs (1) and (2) is KRW 2,209,290 (i.e., KRW 704,200 regarding 1,505,090 for 1 guarantee), and the legal procedure cost is KRW 4,086,690 for 2 guarantee as to 1 guarantee. C. Defendant D’s act of establishing a right to collateral security and voluntary auction 1) Defendant SK Construction Co., Ltd.

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