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(영문) 서울중앙지방법원 2015.09.16 2014가합592535
구상금 등
Text

1. Defendant A and B Co., Ltd. jointly and severally with the Plaintiff KRW 245,926,643 and KRW 245,926,003 out of the above amount.

Reasons

The summary of the case is that the plaintiff sought reimbursement from the defendant company and B under the credit guarantee agreement, while the real estate sales contract between the defendant B (debtor) and the defendant C (beneficiary) is a fraudulent act.

Under the premise of claim against Defendant C, the Defendant Company entered into a credit guarantee agreement and took out a loan from the new bank (hereinafter “stock company”) that entered into a credit guarantee agreement with the Plaintiff and issued a credit guarantee agreement as follows, and received the corresponding money from the second referring to the “stock company”).

Defendant B, the representative of the Defendant Company, guaranteed the obligation of the Defendant Company to the Plaintiff according to each credit guarantee agreement.

According to the credit guarantee agreement as of April 21, 201, the guarantee date (guarantee No. 50, 200,000,000 on April 20, 201, April 201, 201; (D) the final change of the last change guarantee period of the guarantee amount; (e) the guarantee amount of the guarantee; (g) the guarantee amount of the guarantee amount of the guarantee; (g) the guarantee amount of the first change; and (g) the guarantee amount of the guarantee amount of the guarantee amount of the guarantee; (g) the guarantee amount of the principal debtor and the principal debtor bear the guarantee amount of the guarantee amount of the principal debtor before repayment; and (g) the amount of the guarantee amount of the guarantee amount and the damages for delay calculated by the Plaintiff’s exercise of the guarantee amount of the guarantee amount of the guarantee amount of the principal debtor; and (g) when the principal debtor and the principal debtor have fulfilled the guarantee obligation of the principal debtor before the repayment date; and (g) the amount of the guarantee amount and the damages for delay determined by the Plaintiff’s exercise of the guarantee amount.

On November 3, 2014, the new bank notified the Plaintiff of the occurrence of a credit guarantee accident, as the Defendant Company lost its interest due to overdue payment of principal.

Accordingly, on December 11, 2014, the Plaintiff (i) paid the principal and interest of KRW 247,874,373 to the New Bank (i.e., KRW 154,324,098, KRW 93,550,275, supra).

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