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(영문) 서울중앙지방법원 2017.09.13 2016가합567755
구상금 등 청구의 소
Text

1. The part of the Plaintiff’s claim for the cancellation of ownership transfer registration against Defendant B and C shall be dismissed.

Reasons

1. Basic facts

A. Each credit guarantee agreement of this case 1) The Plaintiff loans funds necessary for the management of the business of the “E” operated by Defendant A with each financial institution (hereinafter “each of the instant loans”) between Defendant A and each of the financial institutions.

(i)each credit guarantee agreement (hereinafter referred to as the "each credit guarantee agreement of this case") shall be made with respect to a loan obligation to be assumed upon receipt as listed in the following table:

A) A credit guarantee agreement was concluded and accordingly issued. Serial No. 80,000,000 of the loan amount of the lending institution (the change of the term of guarantee) during the guarantee date (the original guarantee date) and the amount of the loan amount of the lending institution on May 2, 2012 (the original loan amount) and April 28, 2017, the credit guarantee agreement of 80,000,000 of the new bank on March 14, 18, 2013 (the first credit guarantee agreement of 152,00,000,000 one bank on March 16, 2018 (the second credit guarantee agreement of 152,00,000,000 on March 135, 2015) is set forth below in each of the credit guarantee agreements of this case as follows:

Article 5 (Obligation to Fulfill Principal Obligations) I do not perform the surety obligation as new (Plaintiff, hereinafter the same shall apply) will discharge the principal obligation guaranteed by new (Plaintiff, hereinafter the same shall apply) by the due date.

Article 6 (Prior Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the new notice, even if there is no notice or peremptory notice from the new notice:

However, when any cause falling under subparagraphs 11 through 13 occurs, a new guarantor shall notify the new guarantor in writing before exercising the prior indemnity, and at least ten days from the arrival date of the notice, and the principal and joint guarantor shall assume the responsibility of advance reimbursement to the new guarantor after the lapse of the period prescribed by the new guarantor.

1. Where he/she violates Article 5;

4. Information on delinquency, subrogation, payment by subrogation, payment by subrogation, and omission (including information related to more than one person), information on disturbing financial order, and information on public records under the "Credit Information Management Rules" of the Korea Federation of Banks;

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