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(영문) 광주지방법원 2020.09.09 2020가단512387
구상금 등
Text

The Plaintiff

A. As to Defendant A fisheries partnership and C’s joint and several KRW 201,490,590 and KRW 199,030,709 among them.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement of this case) on April 15, 2011, and April 5, 2017, the Defendant A fishery partnership corporation (hereinafter “Defendant A corporation”).

(i) enter into a credit guarantee agreement with the following, and issue a credit guarantee agreement to the accused corporation, and Defendant E is the deaf-dong branch of the F Bank (hereinafter referred to as “F Bank”).

(1) The Plaintiff, on April 13, 2012, as of April 201, 201, extended KRW 95,000,000 ( thereafter, extended to April 3, 2020) to KRW 136,600,000 on April 5, 201, as well as KRW 129,60,000 on April 6, 2018 ( thereafter, extended to April 3, 2020), was changed to KRW 170,00 on April 136, 200 (after this year, extended to April 3, 2020).

(3) At the time of each credit guarantee set forth in paragraphs (1) and (2) above, Defendant C and B jointly guaranteed the Plaintiff’s obligation owed by the said credit guarantee agreement with the Defendant corporation at the time of the credit guarantee set forth in the above paragraphs (1) and (2).

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) occurred on February 5, 2020 due to a guarantee accident with a promissory note dishonored on February 5, 202. The Plaintiff subrogated for KRW 19,030,709, totaling KRW 130,538,360 pursuant to the credit guarantee agreement in turn 1/31 of March 31, 2020 pursuant to the credit guarantee agreement in turn with F Bank, a creditor of the Defendant corporation, on March 31, 2020. Meanwhile, in the process of the payment by subrogation, the Plaintiff additionally incurred KRW 2,459,81 in substitute payment against the Defendant corporation. (2) In the process of the payment by subrogation, the Plaintiff suffered a guarantee accident due to the company reorganization procedure on February 16, 2020, the Plaintiff paid the Plaintiff principal and interest on March 20, 2020 to the corporate bank, a creditor of the Defendant corporation, KRW 8,386,184.

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