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(영문) 서울중앙지방법원 2015.10.14 2014가단5279458
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 865,653,238 and KRW 715,085,436 among them, from September 4, 2014, and KRW 147,600.

Reasons

1. Facts of recognition;

A. On October 7, 2004, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). On the same day, the Defendant Co., Ltd. jointly and severally guaranteed all the indemnity obligations owed by the Defendant Co., Ltd. to the Plaintiff under the first credit guarantee agreement of this case in order to guarantee the repayment obligation of loans borrowed from Nonghyup Co., Ltd. (hereinafter “CF”).

B. On March 9, 2005, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the Defendant Company, under which the Defendant Company provided a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) on March 9, 2006, as the guaranteed principal amount of KRW 170,000,000, and the guarantee term of KRW 144,50,000,000, and August 28, 2014, in order to guarantee the repayment of the loan granted by the Defendant Company from the Korean Bank (hereinafter “Korea Bank”). On the same day, the remaining Defendants jointly and severally guaranteed all the indemnity obligations owed by the Defendant Company to the Plaintiff under the instant credit guarantee agreement.

C. Under the instant credit guarantee agreement, the Defendant Company borrowed KRW 770,00,000 from the Nonghyup Bank on October 8, 2004 as a general loan subject. Under the instant credit guarantee agreement, the Defendant Company borrowed KRW 200,000 from the Bank on March 9, 2005 as a general loan subject for enterprise driving loans. However, on August 3, 2014, the Defendant Company lost its respective interest on the loan obligations against the Bank on August 13, 2014.

Upon receipt of a claim from the above banks for the performance of the surety obligations under each of the respective guarantee agreements, the Plaintiff filed against the Nonghyup Bank on September 4, 2014, totaling KRW 715,085,436, and KRW 147,60,652 with the Bank on September 15, 2014, and KRW 862,686.

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