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(영문) 전주지방법원 2015.07.22 2014가단28529
구상금
Text

1. The plaintiff

A. Defendants A and B are jointly and severally liable to the Plaintiff to KRW 217,368,973 and one of them, 196,924.

Reasons

1. The following facts are deemed to have been led to confessions pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant C, and such facts may be acknowledged in full view of the overall purport of the pleadings between the Plaintiff and the Defendant Limited Liability Company A (hereinafter “Defendant Company”) and the Defendant Limited Liability Company A (including the serial number).

On March 31, 2003, the Plaintiff and the Defendant Company concluded a credit guarantee agreement with the Defendant Company for the guaranteed amount of KRW 255,000,000, and the guarantee period from March 31, 2003 to March 30, 2004, with respect to the obligation to be loaned by the non-party Industrial Bank of Korea (hereinafter “non-party Industrial Bank of Korea”) from the non-party Industrial Bank of Korea (hereinafter “non-party Industrial Bank of Korea”).

B. According to the above credit guarantee contract, in case where the plaintiff pays the amount of subrogation to the non-party bank on behalf of the defendant company due to the defendant company's failure to perform the above loan obligation, the defendant company is obligated to pay the amount of subrogation to the plaintiff, damages for delay pursuant to the interest rate determined by the plaintiff from the date of subrogation to the date of full repayment, and the expenses incurred by the plaintiff for the preservation of the above claim. The defendant B jointly guaranteed the defendant company's indemnity obligation against

C. Under a credit guarantee letter issued by the Plaintiff pursuant to the above credit guarantee contract, the Defendant Company obtained a loan of KRW 300,000,000 from the non-party bank on March 31, 2003 as the due date for payment on March 31, 2004. The Defendant Company agreed that the above loan obligation would lose the benefit of the due date when the Defendant Company is subject to a disposition of bad credit regulations under the above loan contract.

The defendant company suffered difficulties in management even after the above loan, and the defendant company was subject to a disposition of credit bad credit regulations (the date of registration of bad credit shall be August 16, 2003) around May 2003.

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