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(영문) 서울중앙지방법원 2015.06.11 2014가합535013
구상금
Text

1. Defendant A, B, C, and D are jointly and severally with F Co., Ltd. and KRW 1,325,210,249 among them and KRW 1,311,453,927 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) On September 27, 2011, the Plaintiff is Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”).

(A) As of September 28, 201, from September 28, 2011 to September 27, 2012, a credit guarantee agreement was concluded for a limited transaction with a maximum amount of KRW 1.5 billion and the credit guarantee agreement was concluded for each individual credit guarantee within the said limit whenever necessary (hereinafter referred to as “instant credit guarantee agreement”).

(2) On September 30, 201, Defendant A, C, and D jointly and severally guaranteed all obligations owed by the non-party company to the Plaintiff under the credit guarantee agreement of this case. (2) The non-party company obtained a credit guarantee certificate from the Plaintiff on September 30, 201, which was issued by the Plaintiff to the Korea Bank Co., Ltd. (hereinafter “Korea Bank”) and received a loan of KRW 1 billion (hereinafter “the first loan of this case”). On March 7, 2012, the Plaintiff received a credit guarantee certificate from the Plaintiff and submitted it to the Korea Bank by March 6, 2013, and received a loan of KRW 750 million.

(3) On September 17, 2012, the Plaintiff extended the credit guarantee term to September 25, 2012, with respect to the instant loan No. 1 until September 17, 2013. On September 16, 2013, the Plaintiff changed the guarantee amount to KRW 850,500,000,000 as the credit guarantee term was extended to September 17, 2014. As to the instant loan No. 2, the credit guarantee term was extended to March 5, 2013 up to March 6, 2014 (i) the principal and interest payment period was extended to Nonparty Company up to March 6, 2014 (i) but, on March 14, 2014, the Plaintiff extended the principal and interest payment period of the instant loan to KRW 18,50,370,370,370,370,3705,370,3705,47,757,209).

2. The plaintiff aims to preserve the claim for reimbursement against the non-party company.

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