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(영문) 서울서부지방법원 2015.04.15 2014가단234479
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,066,946,490 and KRW 1,061,635,423 among them.

Reasons

1. The Plaintiff entered into a credit guarantee contract with the content that guarantees the obligation of Defendant A’s corporate banks as stated in the following table at the request of Defendant A, and issued a credit guarantee certificate accordingly.

F At the time of the above credit guarantee contract, Defendant B, C, D, and E jointly and severally guaranteed all obligations that Defendant A would have to be borne by the Plaintiff according to the above credit guarantee contract.

Defendant A Co., Ltd. received a loan using the above credit guarantee certificate, but failed to pay the loan at once, and the Plaintiff subrogated to the Industrial Bank of Korea on June 20, 2014 on behalf of Defendant A Co., Ltd. for KRW 1,068,490,863.

1,061,635,423 won has yet to be paid even if part of the amount of payment by subrogation was paid, and is 2,253 won of finalized damages under the credit guarantee contract, and 5,308,814 won has yet to be paid.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. If so, the defendants are liable to the plaintiff for compensation under the above credit guarantee contract.

As to this, Defendant B failed to hear an adequate explanation about the company's situation at the time of joint and several sureties

or Defendant E extinguished the obligation of joint and several sureties due to changes in the position of the company

The plaintiff's assertion to the effect that the above guarantee was unjust because it was forced by the plaintiff's coercion, but all of the above guarantee appears to be an individual guarantee that its liability is not extinguished merely due to the motive of the guarantee or changes in the status of the guarantor, and thus, the above assertion cannot be accepted.

Ultimately, the Defendants jointly and severally agreed on KRW 1,066,946,490 (amounting to KRW 1,061,635,423 (amounting to KRW 2,253 (amounting to KRW 5,308,814) and KRW 1,061,635,423 (amounting to KRW 1,061,635,423), which was the date of payment by subrogation, pursuant to the agreement, shall be the duplicate of the instant complaint from June 20, 2014, which was the date of payment by subrogation.

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