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(영문) 서울중앙지방법원 2014.05.23 2013가합545983
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to KRW 501,594,621 and KRW 498,957,501 among them, Defendant A shall be from September 6, 2013 to January 7, 2014.

Reasons

1. Basic facts

A. On September 21, 2006 ( September 13, 2013) 180,000 on September 21, 2006 (122,40,400,000) the first guarantee date (the due date of repayment) lending (the due date) of the date of guarantee (the changed amount) lending (the due date) of the date of guarantee under the credit guarantee agreement (the due date) (the due date of repayment) shall be 153,000,000,000 on September 20, 2006 (the date of September 13, 2013), the Plaintiff shall be 180,000,000,000 on September 20, 200, 200 (the F. 153,00,0000,000 on September 13, 200).

(1) As between the credit guarantee agreement with each of the following terms and conditions (hereinafter referred to as “each of the credit guarantee agreements of this case”):

The credit guarantee instrument issued in accordance with the credit guarantee agreement was respectively concluded, and the F shall be the Korea Bank (hereinafter referred to as the “Korea Bank”) as security.

(2) At the time of concluding each credit guarantee agreement with the Plaintiff, F agreed to pay to the Plaintiff the amount of the performance of the guaranteed obligation and its delay damages (12% per annum from December 1, 2012), (2) additional guarantee fees (the amount calculated by applying the rate of 1.9% from the expiration date of the guarantee term to the date of subrogation), (3) claims preservation expenses (all expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation), etc. to the Plaintiff when the Plaintiff performed the guaranteed obligation due to the failure of F to repay the loan to us.

3) In this case, Defendant A (B) served as the F’s representative director until his retirement on June 2013.

) B, C (the mother of Defendant A)

) In accordance with each credit guarantee agreement of this case, D has jointly and severally guaranteed the obligation to be borne by F to the Plaintiff by the payment of the security deposit in accordance with the credit guarantee agreement of this case (However, with respect to each credit guarantee agreement of this case, Defendant B and C, Defendant D guaranteed the first credit guarantee agreement only with respect to the second credit guarantee agreement of this case.

B. B. (1) Around June 22, 2013, F extended loans to the Bank.

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