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(영문) 대전지방법원 2016.12.09 2016가단202548
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 171,861,598 and KRW 171,861,574 among them.

Reasons

1. Each claim against the defendant A and B

A. 1) On March 6, 2014, the Plaintiff entered into the first credit guarantee agreement with Defendant A with the credit guarantee principal of KRW 102,00,00,000 until March 5, 2015; on March 6, 2014, the second credit guarantee agreement with the credit guarantee principal of KRW 68,00,000; and on March 5, 2015, the second credit guarantee agreement with the credit guarantee term of KRW 1,20,000; on March 6, 2015, the Defendant B guaranteed the Plaintiff’s debt guarantee under the above first and second credit guarantee agreement with the Defendant A Co., Ltd. (hereinafter “Nonindicted Bank”); on March 6, 2014, the Plaintiff changed its guarantee number of KRW 0,02,000,00 and KRW 30,000 after the expiration of the guarantee term to KRW 30,01,000 after the expiration of the guarantee period of KRW 20,3601,5.

3) On December 29, 2015, according to the demand of the non-party bank for subrogation due to the above credit guarantee accident, the Plaintiff subrogated to the non-party bank KRW 171,935,016 (the amount of KRW 103,161,010 for the first guarantee payment of KRW 68,774,00 for the second guarantee payment of KRW 103,774,00 for the second guarantee payment of KRW 103,42 for the first guarantee, and thereafter, has a claim for reimbursement equivalent to the above subrogated amount for the defendant corporation A and B. The Plaintiff recovered KRW 73,442 for the first guarantee of KRW 73,00 for the first guarantee, and still remains 103,087,568 for the first guarantee payment of KRW 103,161,010 for the first guarantee of this case.

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