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(영문) 서울중앙지방법원 2019.12.19 2018가합540167
구상금 등 청구의 소
Text

1. The defendant A and B shall be jointly and severally liable, and the defendant B shall be within the scope of the property inherited from the network D.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement on May 31, 2016, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) As to the obligation to be loaned by the Defendant Company from the F Bank, the Defendant Company entered into a credit guarantee agreement with the term of May 30, 2017, including KRW 116,640,00 of the guaranteed principal, and the term of guarantee until May 30, 2017. On May 26, 2017, the term of guarantee was changed to KRW 112,00,000 of the guaranteed principal, and the term of guarantee was May 30, 2018 (hereinafter “the first guarantee agreement”).

(2) On September 20, 2016, the Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company regarding the obligation to obtain a loan from the F Bank as a F Bank, with the principal guaranteed until September 19, 2017. On September 12, 2017, the term of guarantee was changed to 323,000,000,000 won with the principal guaranteed, and the term of guarantee was changed to September 19, 2018.

(hereinafter “Secondary Guarantee Agreements”) . 3) Net D (hereinafter “the deceased”).

(4) Meanwhile, at the time of the first and second guarantee agreement, the Defendant Company and the Deceased jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the first and second guarantee agreement. In the event the Defendant Company lost the benefit of time due to the repayment of the loan granted based on the Plaintiff’s credit guarantee agreement, etc., and the Plaintiff fulfilled the guaranteed obligation, the Defendant Company, as the representative director of the Defendant Company, jointly and severally paid the incidental obligation, such as the amount of the loan and the amount of the loan, the amount of damages for delay calculated by multiplying the Plaintiff’s interest rate from the date of performance of the guaranteed obligation to the date of repayment, the amount of the loan, the amount of the claim, and the amount of the substitute payment, which is the expenses required for the legal procedure. The

B. The Plaintiff had issued each guarantee to the Defendant Company in accordance with the first and second guarantee agreement. The Defendant Company extended KRW 145,800,000 as security of the letter of guarantee (guarantee number: G) under the first guarantee agreement from the F Bank at the time of each guarantee agreement and KRW 400,000 under the second guarantee agreement (Guarantee number: H as security, respectively.

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