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(영문) 서울남부지방법원 2015.08.28 2015가단211146
구상금
Text

1. The Defendant’s KRW 484,366,495 among the Plaintiff and KRW 484,366,333 among the Plaintiff’s KRW 484,36,333 from January 7, 2015

3.11.

Reasons

1. A loan of KRW 170,400,000 for a loan implementation date for a loan for a guarantee bank for basic fact-finding loan of KRW 170,400,000 for a loan implementation date, on March 17, 2011 to March 16, 2012 (Amended by Act No. 10580, Mar. 18, 2015); KRW 2170,000,000 for a national bank of KRW 200,000 for a loan of KRW 3240,00,000 for a loan of KRW 240,000 for a loan of KRW 16,00 or 00 for a company driving on June 16, 2011 to June 15, 2010 (Amended by Act No. 13380, Jun. 10, 201; Act No. 10817, Jun. 30, 2017>

A. Under the joint and several sureties of the Defendant and Nonparty B, the Plaintiff entered into a credit guarantee agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as listed below, and the Nonparty Co., Ltd submitted a credit guarantee certificate issued by the Plaintiff and received loans from the lending institution listed below.

B. As a credit guarantee accident due to the nonperformance of a non-party company occurred, the above lending institution notified the Plaintiff of the occurrence of the credit guarantee accident. On January 7, 2015, the Plaintiff paid KRW 243,218,936 in total, and KRW 241,640,547 in each of the above lending institutions.

C. The Plaintiff recovered KRW 493,150 in relation to the credit guarantee set forth in No. 1 of the above table from the non-party company, and the amount of damages determined on the above amount is KRW 162.

On December 5, 2014, the bankruptcy was declared by the Incheon District Court 2014Hau11.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination:

A. According to the above facts based on the determination as to the cause of the claim, the Defendant, a joint guarantor, shall pay insurance proceeds and claim reimbursement against the Plaintiff (i.e., KRW 71,225,512, 492, 484,366,495, which is the date of service of payment order from January 7, 2015 to the date of service of payment order, for the amount of KRW 171,993,424, 241, 241, 333, 484, 366,333, as stated in 162, 200, 49, 150, 493, 1624, 200, 16333,

3.11.

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