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(영문) 서울동부지방법원 2016.05.27 2014가합110417
구상금 등 청구의 소
Text

1. Defendant A Co., Ltd. jointly and severally with the Plaintiff KRW 309,151,402 and KRW 276,404,667 among them.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against E 1) The Plaintiff is a corporation D on December 4, 2001 (hereinafter “foreign company”).

B) As to the obligations of loans to the Industrial Bank of Korea of the non-party company, the guaranteed amount of KRW 144,00,000,000 and the guaranteed term of December 4, 2002 shall be set as the first guarantee term (hereinafter “the first guarantee term”).

2) On the same day, the representative director E and his wife F of the non-party company jointly and severally guaranteed the indemnity obligation that the non-party company will bear to the plaintiff on the same day. 2) The non-party company obtained a loan from the Industrial Bank of Korea as security of KRW 180,000,000 from the credit guarantee agreement issued by the plaintiff on the same day.

3) On November 24, 2006, the Plaintiff between the non-party company and the non-party company, as to the obligations of loans to the Industrial Bank of Korea of the non-party company, the guaranteed amount of KRW 255,00,000,000, and the guaranteed term of November 23, 2011 (hereinafter “the second guarantee contract”).

4) On November 27, 2006, E entered into a second guarantee agreement, and E provided a joint and several surety for the indemnity obligation to be borne by the non-party company against the Plaintiff.) On the same day, the non-party company borrowed KRW 300,000,000 from the Industrial Bank of Korea as collateral for a credit guarantee instrument issued by the Plaintiff.

5) On December 30, 2008, when a credit guarantee accident occurred due to the non-party company's delinquency of interest on each of the above loans. On March 6, 2009, the plaintiff paid 361,07,013 won of the principal and interest of the loan based on the first guarantee agreement and the second guarantee agreement, in lieu of the non-party company, 147,637,548 won, and 213,07,013 won of the principal and interest of the loan based on the second guarantee agreement. 6) The plaintiff filed a lawsuit against the non-party company and E against the non-party company, and jointly and severally filed a lawsuit against the court on September 18, 2009 against the non-party company and E, "364,57,143 won and 361,07,077,013 won among them, with interest rate of 15% per annum from March 6, 2009 to July 27, 2009.

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