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(영문) 서울중앙지방법원 2018.08.29 2017가단5177751
구상금
Text

1. Defendant A and B shall jointly and severally pay to the Plaintiff KRW 182,215,613, among them, KRW 181,274,610.

Reasons

1. Basic facts

A. (1) On October 22, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the Defendant Co., Ltd. (hereinafter “Nonindicted Bank”) to provide a credit guarantee within the scope of KRW 100 million of the guaranteed principal, and up to October 21, 2015 from the same date of the guarantee period, pursuant to the said agreement, the Plaintiff issued an individual guarantee method, a credit guarantee form (e.g., guarantee number and primary guarantee number) as a loan for small and medium enterprises in the name of the Nonparty Bank, and guaranteed the obligation by issuing a credit guarantee form (e., guarantee number and primary guarantee) to the extent that the obligation to be borne by the Defendant Co., Ltd. and the Industrial Bank of Korea (hereinafter “Nonindicted Bank”). On the same day, the terms and conditions of the said guarantee agreement were modified.

(2) On February 27, 2014 at the request of the Defendant Company, the Plaintiff agreed to provide a credit guarantee within the extent of 16 million won of the guaranteed principal for the obligation to be borne by the said Defendant Company upon the loan from the Nonparty bank, and on February 25, 2022 from the guarantee date to February 25, 202, pursuant to the above agreement, the Plaintiff issued an individual guarantee method, a credit guarantee certificate (F and secondary guarantee) set out in the local restructuring facility loan for the loan of the subject of loan, and guaranteed the obligation, but modified the terms and conditions of the said guarantee certificate.

(3) Meanwhile, Defendant B guaranteed all the obligations owed by the Defendant Company to the Plaintiff according to the aforementioned credit guarantee agreement.

B. On October 22, 2013, the non-party bank loaned 100 million won to the Defendant Company as a loan for small and medium enterprises with the said letter of guarantee as collateral, and on April 7, 2014, the non-party bank loaned 16 million won to the Defendant Company by setting the said letter of guarantee as a loan for the local restructuring facility of the local restructuring facility by collateralizing the said letter of guarantee (II).

C. The occurrence of a guarantee accident and the Plaintiff’s subrogation (1) the Defendant Company caused a credit guarantee accident on March 28, 2017, and the Plaintiff was the Nonparty Bank on June 22, 2017.

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