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(영문) 서울중앙지방법원 2014.09.15 2014가단5005671
구상금
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 165,434,870 and KRW 98,143,570 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee agreement and subrogation 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) On May 6, 2004, the Plaintiff issued a credit guarantee agreement with a credit guarantee agreement and received a credit guarantee agreement with a credit guarantee agreement of KRW 85,00,00,000 for the guaranteed amount, and by May 5, 2005 (the extension to September 27, 2013) and submitted it to the Bank, and received a loan of KRW 100,000,000 for the loans. ② On June 8, 2010, the Plaintiff concluded a credit guarantee agreement with a credit guarantee agreement and submitted it to the National Bank with a credit guarantee agreement of KRW 108,000,000 for the guaranteed amount and KRW 135,00,000 for the guaranteed amount until June 7, 2011 (the extension to June 5, 2014) and then submitted it to the National Bank, and the National Bank lost 35,000,0000 won for the reasons that the Defendant Company lost its interests on September 25, 2014, 20196.

3) Accordingly, the Defendant Company’s liability, such as indemnity, to be borne by the Plaintiff under the above credit guarantee agreement is KRW 164,293,095 in total of the balance of the subrogated principal (=98,34,341,90 won in total,6,149,525 won in partial recovery) and KRW 65,294,70 in total, and KRW 847,010 in total, and damages for delay from the date of payment to the date of full payment of the principal of each subrogated principal to the date of full payment (the agreement is the rate of 12% per annum from the date of delivery of a duplicate of the complaint to the date of full payment, and the annual application of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).4) The Defendant Company’s representative director and directors, Defendant B, C, and D, the Defendant Company, under the above credit guarantee agreement, have jointly and severally guaranteed the obligation of indemnity, etc. to the Plaintiff under the above credit guarantee agreement.

B. Defendant B, C, and Defendant E, F, and G, respectively, shall be subject to each mortgage agreement between Defendant B and Defendant E on December 11, 2012, as indicated in the separate sheet No. 1 (hereinafter “real estate No. 1”).

As to the maximum amount of debt, 36,000.

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