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(영문) 서울중앙지방법원 2017.12.05 2016가합571020
구상금 등 청구의 소
Text

1. The plaintiff's action against the defendant F shall be dismissed.

2. Defendant Company B, C, D, and E are jointly and severally and severally liable to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

(B) A company is a company which has entered into a credit guarantee agreement with the Plaintiff as described in the following (b). Defendant C’s representative director, Defendant D’s inside director, who jointly and severally guaranteed Defendant B’s obligations under the said credit guarantee agreement, and Defendant E Co., Ltd (hereinafter “Defendant E”).

(2) Defendant F, G, H, I, and J are those who have concluded a mortgage contract or a sales contract with Defendant C regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. 1) The Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant B (hereinafter “instant credit guarantee agreement”) as indicated in the following table:

(2) Defendant C and D jointly and severally guaranteed all obligations that Defendant B owes to the Plaintiff under the instant credit guarantee agreement. On November 14, 2003, K on November 13, 2004, the guarantee number guarantee period extended to December 30, 2016) KRW 246,50,000 (232,00,000) (2) was changed to December 30, 2004, the Plaintiff issued a credit guarantee certificate (2) to Defendant B pursuant to the instant credit guarantee agreement. Defendant B provided the said credit guarantee certificate as security and borrowed KRW 290,000,000 from L.

3. Meanwhile, according to the credit guarantee agreement of this case, in the event that the Plaintiff fulfills the guaranteed obligation, Defendant B shall pay to the Plaintiff ① the amount of subrogated payment made by the Plaintiff for the performance of the guaranteed obligation and damages for delay calculated at the interest rate set by the Plaintiff for the performance of the guaranteed obligation, ② the expenses incurred by the Plaintiff for the performance of the guaranteed obligation and damages for delay thereof, ③ the expenses incurred by the Plaintiff for the execution, preservation and exercise of the claim under the

(c).

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