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(영문) 광주지방법원순천지원 2014.12.23 2014가단72269
구상금
Text

1. As to KRW 100,669,784 and KRW 70,614,759 among the Plaintiff, Defendant A shall pay to the Plaintiff KRW 30,05,025 from March 25, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s claim for indemnity against Defendant A (1) concluded a credit guarantee agreement with Defendant A to issue a credit guarantee certificate to Defendant A, and Defendant A received a loan equivalent to the above security amount from each of the following banks as security:

On September 5, 2018, the guarantee number EF amount of KRW 30,000,000,000, the credit guarantee amount of KRW 70,000,000 was created, Defendant A collected KRW 70,709,09,109,000 on September 6, 2013 to the National Bank on June 14, 2013 (the extension until June 14, 2014) and collected KRW 30,000 on September 6, 2018, the amount of the credit guarantee amount of KRW 30,00,00,00,00, and Defendant A collected KRW 70,709,000 on behalf of the Plaintiff to pay the principal and interest of the loan to the National Bank on March 25, 2014; Defendant A collected KRW 30,304,305,47,305,205,41,205.

B. On May 27, 2012, Defendant A entered into a lease agreement with Defendant B, C, and Mineyang-si 287.02 square meters of the lease deposit amount to KRW 70,00,000, monthly rent of KRW 2,300,000, and the lease period of KRW 2,300,000, June 14, 2018.

(On the other hand, Article 1 subparagraph 6 of the above lease contract states that "a lessee shall not transfer his right to claim the return of lease deposit to another person or offer it as a pledge or any other security" (2) Meanwhile, the Intervenor joining the Defendant agreed on November 6, 2013 to change the name of the Defendant B, C, and lessee from the Defendant to the Defendant joining the Defendant, and the Defendant written a written consent to change the name of the contract in the name of the Defendant joining the Defendant.

Meanwhile, on November 6, 2013, Defendant A filed a complaint with Defendant A who forged a report on the discontinuance of business as to the Mart located in the subject matter of the lease, and Defendant A was indicted as the facts of being suspected of forging the same private document. Defendant A was on July 2, 2014.

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