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(영문) 서울중앙지방법원 2018.04.13 2017나50371
배당이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 28, 2006, the Plaintiff entered into a credit guarantee contract with B on December 28, 2006 with the Guarantee Number U, 96,00,000,000, and the term of guarantee on December 27, 2007, and the Plaintiff entered into a credit guarantee contract with the Korea Bank (hereinafter “Korea Bank”).

) The credit guarantee contract was issued with the above content as above. The above credit guarantee contract was modified on December 24, 2015 by the guaranteed amount of KRW 91,200,000, and the guarantee term of KRW 91,200,000 (hereinafter the modified credit guarantee contract is referred to as “instant first guarantee contract”).

(2) On February 13, 2009, the Plaintiff entered into a credit guarantee contract with V Co., Ltd. (hereinafter “V”) with a guarantee number W, 190,000,000, and the guarantee period as of February 12, 2010, and issued to our bank a credit guarantee certificate with the above content.

B jointly and severally guaranteed the obligation that V owes to the Plaintiff according to the above credit guarantee contract, and thereafter, the above credit guarantee contract was changed on February 5, 2016 into the guaranteed amount of KRW 137,700,000 and the guaranteed period of February 5, 2016.

(hereinafter the above credit guarantee contract of this case is "the second guarantee contract of this case" and the first and second guarantee contract of this case are "each guarantee contract of this case").

(2) On October 19, 2015, the Plaintiff notified the Plaintiff of the occurrence of a guarantee accident under the instant guarantee contract on December 19, 2015. On December 31, 2015, the Plaintiff subrogated to the Bank for KRW 92,218,241 (i.e., the principal amount of KRW 91,200,000) (i.e., the interest of KRW 1,000) (i., the interest of KRW 91,20,241) on December 31, 2015.

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