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(영문) 대전지방법원 2015.01.22 2013가합103760
구상금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant A Co., Ltd. and Defendant B jointly and severally with the Plaintiff 1,303.

Reasons

1. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(1) On June 19, 2003, the credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “the first credit guarantee agreement”) with a maximum amount of credit guarantee as KRW 1.5 billion.5 billion.

(2) A credit guarantee agreement under which the maximum amount of credit guarantee is three billion won on September 29, 2008 (hereinafter “the second credit guarantee agreement”).

At the time of the conclusion of each credit guarantee agreement, when the Plaintiff performed the guaranteed obligation under each of the above credit guarantee agreements, the Defendant Company agreed to reimburse the Plaintiff for the amount of the guaranteed obligation, damages for delay from the performance date of the guaranteed obligation to the repayment date, and expenses incurred in the performance of the guaranteed obligation. 2) Meanwhile, the Defendant B (Appointment of the representative director of the Defendant Company) guaranteed the Plaintiff’s obligation under each of the above credit guarantee agreements.

B. On September 18, 2003, pursuant to the Credit Guarantee Agreement, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 425 million to the Bank on September 17, 2004 (the period of guarantee thereafter is extended to September 13, 2013), and on the same day, the Defendant Company received a loan of KRW 500 million from the Bank under the said Credit Guarantee Agreement. 2) On September 29, 2008, the Plaintiff issued a credit guarantee certificate with the guaranteed principal of KRW 1 billion to the Bank and the guaranteed term of KRW 1 billion (the period of guarantee thereafter is extended to September 27, 2013) on September 28, 2009 (the period of guarantee thereafter is extended to September 27, 2013). On the same day, the Defendant Company received KRW 130 million from the Bank in accordance with the said Credit Guarantee Agreement.

C. On April 9, 2013, including the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, the occurrence of a credit guarantee accident, and the occurrence of a credit guarantee accident where the Defendant Company delayed the repayment of each of the principal and interest of the loans, and the Plaintiff on July 18, 2013, pursuant to the respective credit guarantee agreements of this case, on July 18, 2013, the total amount of loans owed by

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