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(영문) 서울중앙지방법원 2016.06.17 2015가합559498
구상금등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,377,918,195 and KRW 1,291,532,760 among them.

Reasons

1. Claim against the defendant A and B

(a) Articles 208 (3) 3 and 194 of the Civil Procedure Act of the applicable provisions of Acts;

B. The reasons for the claim are as shown in the annexed sheet.

2. Claim against Defendant KONEX Co., Ltd.

A. The establishment of the preserved claim 1) The fact that the Plaintiff is recognized (i) the Defendant A Co., Ltd. (hereinafter “Defendant A”) on four occasions from October 17, 2008 to May 23, 2014.

(E) or F Co., Ltd. (A) was merged with Defendant A on December 30, 2013.

(2) At the time of the conclusion of each of the above credit guarantee agreements as representative director of Defendant A, Defendant A, and Defendant B, Inc., a joint and several liability surety (Defendant A or Stock Company F), if any of the following events occurs with respect to the principal and joint and several liability surety (Defendant A or Stock Company F). The principal and the joint and several liability surety (Defendant B) bear the obligation to repay in advance to the amount guaranteed by New Information, even if there is no notice and peremptory notice from the Plaintiff.

4. Article 10 (Scope of Redemption) (1) Where a new guarantor fulfills a guaranteed obligation, the principal and the joint guarantor shall immediately repay the following amounts:

1. Performance amount of surety obligations;

2. The amount of damages calculated by multiplying the amount under subparagraph 1 by the rate set forth in the new report from the date of discharge of the surety obligation until the date of repayment.

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