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(영문) 대구지방법원 2015.05.19 2014가단124491
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 307,597,439 and KRW 306,159,615 among the Defendants.

Reasons

1. Basic facts

A. On May 3, 2010, May 3, 201, when a credit guarantee agreement and joint and several surety agreement were concluded, the Plaintiff Company A (hereinafter referred to as “Defendant Dispute Resolution Co., Ltd.”) (hereinafter referred to as “Defendant A”) is the guaranteed amount of KRW 300,000,000 from May 3, 201 to May 3, 201.

[] A credit guarantee agreement was concluded between the parties as follows (hereinafter “instant credit guarantee agreement”).

(2) At the date of conclusion of the instant credit guarantee agreement, Defendant B and C entered into a joint and several guarantee agreement with the Plaintiff to jointly and severally carry out all obligations owed by the Defendant A under the instant credit guarantee agreement with the Plaintiff.

3) Although the expiry date of the guarantee term of the instant credit guarantee agreement was on May 3, 201, it was finally extended on May 3, 201, following the three-dimensional extension procedures. Defendant C agreed to pay the guarantee liability by the extended guarantee term without any separate consent in the event of extension of the guarantee term for the primary obligation of the instant credit guarantee agreement by consenting to the extension of the guarantee term. In addition, Defendant C agreed to extend the guarantee term for the primary obligation of the instant credit guarantee agreement with Defendant B at the time of filing an application for extension of the respective guarantee term with the Plaintiff at the time of filing an application for extension of the respective guarantee term, and obtained approval for extension of the guarantee term from the Plaintiff. 4) According to the instant credit guarantee agreement, in the event the Plaintiff performed the guarantee obligation with the Plaintiff, the Defendants must immediately repay the amount of the guaranteed obligation to the Plaintiff and the amount of damages, additional guarantee fees, penalty, expenses incurred in the legal procedures for the execution of claims, etc., calculated by multiplying the repayment period of the guaranteed obligation by the Plaintiff by the repayment date of the guaranteed obligation.

B. The defendant 1-A shall submit to the National Bank each letter of credit guarantee issued by the plaintiff in accordance with the credit guarantee agreement in this case.

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