logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.09.22 2016가합50894
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd and Defendant B shall jointly and severally engage in KRW 1,074,565,63 and KRW 685,845,240 among them.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A Co., Ltd. entered into a credit guarantee agreement between the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”).

(i)each credit guarantee agreement with Defendant A (hereinafter referred to as the “each credit guarantee agreement of this case”) with a view to securing the obligation arising from a loan extended by the Gyeongnam Bank and an enterprise bank;

Upon entering into each credit guarantee agreement, Defendant B issued a letter of credit guarantee, and Defendant B issued a joint and several surety (hereinafter “joint and several surety”) for all the repayment obligations under each credit guarantee agreement of this case.

F GH2) Defendant A obtained a loan of KRW 1.25 million from Gyeongnam Bank as security and KRW 500 million from Gyeongnam Bank as listed below.

F G H

B. The Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a credit guarantee agreement between the Plaintiff and Defendant C Co., Ltd.

(i)each credit guarantee agreement with Defendant A (hereinafter referred to as the “each credit guarantee agreement of this case”) with a view to securing the obligation arising from a loan extended by the Gyeongnam Bank and an enterprise bank;

Upon entering into each credit guarantee agreement, Defendant B issued a letter of credit guarantee, and Defendant B issued a joint and several surety (hereinafter “joint and several surety”) for all the repayment obligations under each credit guarantee agreement of this case.

I J 2) Defendant C obtained a loan of KRW 350,00,000 and KRW 700,000 from an enterprise bank as set out in the following table as security:

I J

C. A credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation, etc. (Defendant A’s failure to pay national taxes and registration of credit management information, etc. around November 30, 2015) occurred, and Defendant C’s failure to pay taxes and registration of credit management information, etc. on or around December 1, 2015). Accordingly, the Plaintiff subrogated to the Gyeongnam Bank and the Enterprise Bank as follows with the guarantee liability under each of the instant credit guarantee agreements. F GH I J J J 2) claims are each of the instant claims.

arrow