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(영문) 서울중앙지방법원 2016.04.08 2015가합530589
구상금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Credit guarantee agreements and joint and several sureties A between the Credit Guarantee Fund and E, the Credit Guarantee Fund, June 24, 201, shall be E Co., Ltd. (hereinafter referred to as “E”);

(1) As between June 24, 201 to June 7, 2012, Korea Exchange Bank (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) with the guarantee principal of KRW 264,00,000, and the guarantee period of KRW 264,00,000.

(C) the first credit guarantee agreement of 30,000,000 to guarantee the obligation of the loans of 330,000,000 won (hereinafter the “instant credit guarantee agreement”).

2) As to June 24, 201 to June 22, 2012, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) (hereinafter “Korea Bank”) is the guarantee principal:

(1) The credit guarantee agreement of KRW 1,620,00,000 with respect to the credit guarantee agreement of KRW 1,620,000 (hereinafter referred to as the “instant credit guarantee agreement”) refers to the respective credit guarantee agreement of the instant case.

2) At the time of the conclusion of each credit guarantee agreement in this case, E agreed to pay to the Credit Guarantee Fund the amount of damages calculated at the rate prescribed by the Credit Guarantee Fund (12% per annum from December 1, 2012 to the closing date of the argument in this case) as to the amount of the repayment of the obligation, (2) the amount of the obligation to discharge the obligation to discharge the obligation to discharge the obligation to discharge the obligation to the Credit Guarantee Fund.

3 A as the wife of E representative director, at the time of the conclusion of the credit guarantee agreement of this case, jointly and severally guaranteed all obligations borne by E to the Credit Guarantee Fund in accordance with each credit guarantee agreement of this case.

B. On June 24, 201, E, etc., obtained a loan of KRW 330,000,000 from Korea Exchange Bank based on the instant credit guarantee agreement. Based on the instant credit guarantee agreement, E, etc., borrowed KRW 1,620,00,000 from Korea Bank.

On June 22, 2012, the guaranteed amount of the second credit guarantee agreement of this case was changed to KRW 1,080,000.

Each of the above.

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