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(영문) 서울중앙지방법원 2016.11.17 2016가합514171
구상금
Text

1. The Plaintiff:

A. Defendant C Co., Ltd, A Co., Ltd., and B, jointly and severally KRW 385,626,693 and KRW 385,157,431 among them.

Reasons

1. Basic facts

A. The Plaintiff, Defendant C Co., Ltd., and A Co., Ltd. (hereinafter “Defendant C”) concluded a credit guarantee agreement on May 20, 2013.

(1) As of March 20, 2020, the term of credit guarantee and the term of credit guarantee agreement with the credit guarantee principal of KRW 450,00,000 (hereinafter “the primary credit guarantee agreement of this case”) are “the primary credit guarantee agreement of this case”).

After entering into the Industrial Bank of Korea, the Industrial Bank of Korea issued the above credit guarantee statement, and Defendant C provided the Industrial Bank of Korea with the above credit guarantee statement and borrowed KRW 450,000,000 from the Industrial Bank of Korea (hereinafter “the first loan”).

(2) On November 25, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) on November 25, 2014 (hereinafter referred to as “the instant secondary credit guarantee agreement”) with Defendant C and Defendant A, which provides a credit guarantee term of KRW 475,000,000 (hereinafter referred to as “the instant secondary credit guarantee agreement”), and then, issued a credit guarantee certificate to the Industrial Bank of Korea, and the Defendant A provided the said credit guarantee certificate to the Industrial Bank of Korea and borrowed KRW 500,000,000 from the Industrial Bank of Korea (hereinafter referred to as “the instant secondary loan”).

Since then, the term of credit guarantee under the above credit guarantee agreement was extended to November 25, 2015.

3) On April 23, 2014, the Plaintiff: (a) on April 23, 2015, the credit guarantee term of Defendant A and the credit guarantee term is KRW 1,080,000,000 with the principal of the credit guarantee (hereinafter “instant third credit guarantee agreement”); and (b) on the basis of the combination of the instant first through third credit guarantee agreements, the Plaintiff is the “each of the instant credit guarantee agreements”.

After entering into the Industrial Bank of Korea, the Industrial Bank of Korea issued the above credit guarantee statement, and Defendant A provided the Industrial Bank of Korea with the above credit guarantee statement, and borrowed KRW 1,200,000 from the Industrial Bank of Korea (hereinafter “the third loan”), and the first to the first of this case.

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