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(영문) 수원지방법원 2017.05.25 2016가합1093
구상금
Text

1. Defendants B, E, and G jointly and severally with the Plaintiff KRW 350,00,00,000 and Defendant B from April 21, 2006 until June 20, 2016.

Reasons

1. Facts of recognition;

A. On November 12, 2001, H Co., Ltd. (hereinafter “instant company”) concluded a credit guarantee agreement with the Korea Technology Credit Guarantee Fund by setting the creditor’s new bank, type of credit guarantee loan, credit guarantee principal as KRW 340,00,000, and due date as of November 12, 2002.

In addition, the Defendants and I concluded a joint and several guarantee agreement between the instant company and the Korea Technology Credit Guarantee Fund under the aforementioned credit guarantee agreement.

Since then, the above credit guarantee agreement and joint and several sureties agreement have been continuously renewed.

B. Around the end of 2004, the instant company lost a benefit due to its loan obligation to a new bank that occurred under the said credit guarantee agreement, and the Korea Technology Credit Guarantee Fund attached on January 18, 2005 J-si, J-si, J-si, J-si, J-si, and K-si 23,802 square meters of land (hereinafter “instant land”).

C. The Plaintiff entered into a sales contract with I to purchase the instant land. The registration of provisional seizure by the Korea Technology Credit Guarantee Fund was completed, and around April 2006, the Plaintiff requested the instant company, the Defendants, and I to accept it by proposing it to pay it to the Korea Technology Credit Guarantee Fund. The instant company, Defendant B, D, E, F, G, and I accepted it.

On April 20, 2006, the Plaintiff paid 350,000,000 won to the Korea Technology Credit Guarantee Fund (hereinafter “instant subrogation”). On July 13, 2006, the Korea Technology Credit Guarantee Fund subrogated 347,293,698 won to the new bank in subrogation of the instant company on behalf of the Plaintiff.

[Reasons for Recognition] Defendant C, D, E, F, and G: A without dispute; Gap evidence Nos. 1 through 7; Eul evidence Nos. 4 and 5 (including additional numbers); Defendant B’s purport of the entire pleadings: Confession

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Plaintiff and the Defendants of this case.

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