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(영문) 인천지방법원 2015.11.30 2014가단252589
구상금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several KRW 152,93,619 and KRW 152,211,071 among them:

B. Defendant C.

Reasons

1. Basic facts

A. The status of the parties and relationship 1) The Plaintiff is a corporation established with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capacity and facilitating corporate financing and by establishing a sound credit order through the efficient management and operation of credit information. (2) Defendant A and Defendant B are de facto marital relations, Defendant C is a person in de facto marital relations, Defendant C is a punishment of Defendant A, and Defendant D is the spouse of F, a senior high school established by Defendant A.

Defendant E is a person who was the head of Defendant A’s birth.

B. The conclusion of a credit guarantee agreement and the occurrence of a term loan 1) Defendant A is a National Bank Co., Ltd. (hereinafter “National Bank”).

(3) In obtaining a loan from the Plaintiff, each of the following credit guarantee agreements was concluded with the Plaintiff to guarantee the payment of the loan (hereinafter each of the instant “credit guarantee agreements”).

(2) Defendant B jointly and severally guaranteed Defendant A’s obligation to the Plaintiff based on the above credit guarantee agreement, and Defendant C’s obligation to the Plaintiff based on the credit guarantee agreement of this case, respectively. On October 2, 2008, the term of guarantee for the loan subject under the number guarantee date agreement of Article 1 of the Credit Guarantee Agreement of 40,000,000 corporate ordinary loan of 27,209,000,000,000 on October 29, 2014, the company ordinary loan of 2014,000,000,000,000 on December 14, 2011, the company ordinary loan of 202,40,000,000 won under the credit guarantee agreement of 4,50,000,000 won under each of the credit guarantee agreements of this case.

3. According to each credit guarantee agreement of this case, the defendant A shall bear the amount of subrogation to the plaintiff and the interest rate determined by the plaintiff from the date of subrogation to the date of full payment.

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