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(영문) 수원지방법원 2015.10.23 2014가합7967
구상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties’ status network D was a current or former director of E Co., Ltd. (hereinafter “E”), and died on December 17, 2013, and the Plaintiff A and Plaintiff B, his spouse, inherited the property at the ratio of 2/3 and 1/3. The Defendant, upon entering into a contract to purchase real estate of E, took over the obligations of E Industrial Bank of Korea (hereinafter “Corporate Bank”).

B. 1) E between the Credit Guarantee Fund and the Credit Guarantee Fund on December 31, 2007, with respect to the obligation to be borne by E as a result of obtaining a loan from an enterprise bank, by April 29, 201 (the extension of the due date) and the credit guarantee agreement with the amount of security KRW 700,000,000 (hereinafter “the credit guarantee agreement of this case”).

(2) At the time of the instant credit guarantee agreement, the deceased D, a director of E at the time of the instant credit guarantee agreement, jointly and severally guaranteed a debt under the instant credit guarantee agreement to be borne by E.

3) On December 31, 2007, E obtained a loan from an enterprise bank as collateral a loan account number G, December 31, 2007, loan amounting to KRW 700,000,000, and extended the maturity date on January 16, 2008 to April 29, 2011 (hereinafter “loan obligations under the instant credit guarantee agreement”).

4) In addition, E received a loan from an enterprise bank, and as of April 15, 201, E was jointly and severally guaranteed by the enterprise bank each obligation for the loan, and as of April 15, 201, E’s obligation to the enterprise bank and the net obligation to the network D’s enterprise bank (hereinafter “instant obligation”) are as follows.

The loan account number due date (the agreed amount) H on October 2, 2007 shall be 30,000,000 won 30,000,000 won on September 29, 201, H on the date of maturity of the loan account (the agreed amount) 18,520,000 won on October 9, 2007 i.e., KRW 510,000 on October 9, 2007.

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