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(영문) 대구지방법원안동지원 2015.11.05 2014가합3426
구상금 등
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several liability amounting to KRW 684,468,897 and KRW 682,195,884.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in dispute between the parties or in Gap evidence Nos. 1 to 11 (including each number, if any).

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

(3) In order to secure the repayment obligation of the funds to be borrowed from the Bank of Korea, the Plaintiff and the Credit Guarantee Agreement (hereinafter referred to as the “instant Credit Guarantee Agreement”), as set out in [Attachment] [Attachment], shall include the “Credit Guarantee Agreement 1”, the “Credit Guarantee Agreement 2”, and the “Credit Guarantee Agreement 3” as set forth in [Attachment], and the “Credit Guarantee Agreement” as set forth in [Attachment 2], refers to each of the above Credit Guarantee Agreements.

Defendant B concluded a credit guarantee agreement of this case. Defendant C, based on the credit guarantee agreement of this case, guaranteed all obligations owed by Defendant A to the Plaintiff, and Defendant C, based on the credit guarantee agreement of this case, jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff. [the Table] On November 12, 2009, the guaranteed amount during the guarantee period of the No. 11, 200,2440,000 won on January 18, 201, 201, KRW 14,550,000 won on January 17, 2011, KRW 37,200,000 won on July 6, 2012, including the amount paid by the Plaintiff at the rate of subrogation for the Plaintiff within 10,000 won on behalf of the Plaintiff (in lieu of the Plaintiff’s credit guarantee agreement of this case, 1.2 billion won on July 6, 2012).

(2) The Defendant shall pay the amount of the guaranteed amount in accordance with the rate of 0.5% per annum from the day following the due date of guarantee to the date of the payment by the due date if the obligation is not repaid by the due date of guarantee (B).

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