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(영문) 대구지방법원 2015.06.19 2014가합200170
구상금 등
Text

1. The Plaintiff:

A. As to KRW 166,00,765 and its KRW 166,09,572, Defendant A Co., Ltd., from December 16, 2013.

Reasons

1. Basic facts

A. Defendant A entered into a credit guarantee agreement with the Plaintiff (hereinafter “instant credit guarantee agreement”) with the following contents, and received loans by submitting the said credit guarantee agreement to the Daegu Daegu Bank.

85,00,000 won on April 19, 2006, the amount guaranteed by the time limit for temporary guarantee number guarantee (the change to April 11, 2014) 85,000,000 won on March 31, 2009, G 30 March 30, 2010 (the change to March 28, 2014 thereafter) 85,00,000 won on March 30, 2010

B. The main contents of the credit guarantee agreement in this case are as follows, and at the time, E, the representative director of the defendant LA, under the credit guarantee agreement, was jointly and severally and severally and severally guaranteed the claim for reimbursement against the plaintiff of the defendant LA under the credit guarantee agreement.

(2) The method of calculating the amount of damages under paragraph (1) shall be set by the Plaintiff based on the governing law, order, etc. under Article 1. (1) In a case where the Plaintiff changed the rate and method of calculating the amount of damages under paragraphs (1) through (3) as the governing law, order, etc. under Article 1 was changed, the date of change shall be followed. (1) ① The guarantor shall be jointly and severally liable for the performance of all obligations under this agreement with the principal.

E, on April 21, 1997, borrowed KRW 100 million from Defendant C, the mother of Defendant B, and KRW 250 million from Defendant B on January 31, 1998, respectively. On October 8, 2013, the E agreed to settle the principal and interest of the loan to Defendant B as KRW 200 million, and the principal and interest of the loan to Defendant B as KRW 500,000,000,000, respectively, on each real estate listed in the attached list owned by Defendant B (hereinafter “instant real estate”). As to each real estate listed in the E’s attached list, the mortgage agreement setting the maximum debt amount as KRW 50 million between Defendant B and the maximum debt amount between Defendant C is set as KRW 20,00,000.

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