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(영문) 서울중앙지방법원 2015.02.04 2014가합559446
확정판결금 청구
Text

1. The Plaintiff:

A. Defendant A, B, Sungjin Engineering Co., Ltd., and Seojin Geological Co., Ltd.

Reasons

1. Basic facts

A. The part of the Defendant A Co., Ltd. (hereinafter “Co., Ltd.”)’s trade name is omitted between the Plaintiff and the Defendant Co., Ltd. (hereinafter “Co., Ltd.”) and the Defendant Co., Ltd. (hereinafter “Co., Ltd.”) (hereinafter “Co., Ltd.).

A) Around April 6, 1993, the Plaintiff entered into a credit transaction agreement with the Plaintiff for guarantee loan transaction. Defendant B, Sungjin Engineering, Taeyang Engineering, and Yangyang Construction jointly and severally guaranteed all the obligations that Defendant A owes to the Plaintiff with respect to the credit transaction agreement on April 6, 1993. The Plaintiff paid KRW 8,80,000 to the career construction of the guarantee creditor on November 4, 1998.2) Defendant A entered into a credit transaction agreement with the Plaintiff on May 17, 1995 for guarantee loan transaction, and Defendant B, Sungjin Engineering, Youngdong Construction, Youngdong Construction, Yangyang Construction, and Geum Construction jointly and severally guaranteed all the obligations that Defendant A owes to the Plaintiff with respect to the credit transaction agreement on May 17, 1995.

On December 22, 1998, the Plaintiff paid 577,033,225 won to the same unit construction of the guarantee creditor, and paid 8,500,000 won to the attorney-at-law in relation to the litigation with the same unit construction, and paid 4,39,619 won as litigation costs, respectively.

3. The Plaintiff against Defendant A as Seoul Central District Court Decision 2003Da388092: 598,803,225 won out of the total amount paid by the Plaintiff to the guarantee creditor on April 6, 1993 and on the credit transaction agreement dated May 17, 1995; and 8,800,000 won out of the amount paid by the Plaintiff to the guarantee creditor on April 6, 1993 as to the credit transaction agreement dated April 6, 1993 as joint and several surety of the Defendant B, sexual engineering, teaching engineering, filial construction, enzyto, and gold construction, which is a joint and several surety of the credit transaction agreement dated 6, 193; and 8,800,000 won out of the amount paid by the Plaintiff to the guarantee creditor on April 6, 1993 as a joint and several surety of the credit transaction agreement on May 17, 1995.

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