logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.01.20 2015가합1979
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence of 1 to 3 and Eul evidence of 1 to 7 (including branch numbers, if any) and the whole purport of the pleadings:

Plaintiff

A On November 6, 2007, Plaintiff B, January 9, 2009, and each of the Co., Ltd (hereinafter “instant Companies”) was appointed as a director.

B. The instant company entered into a credit guarantee agreement with the Defendant on February 10, 2009, the guaranteed amount of KRW 285,000,000, and the guaranteed period of February 10, 2010 (hereinafter “the instant credit guarantee agreement”). On the same day, D and the Plaintiffs, the representative director of the said company, jointly and severally guaranteed the Defendant the obligation under the said company’s credit guarantee agreement (hereinafter “joint and severally guaranteed guarantee agreement”) with the Defendant.

C. Around February 11, 2009, the instant company submitted a credit guarantee letter issued by the Defendant to the Southern Branch of the Industrial Bank of Korea, and borrowed KRW 300,000,000 from the said bank.

With respect to the instant credit guarantee agreement, around February 8, 2010, the company and the Defendant changed the term of guarantee to February 6, 2015, respectively, the term of guarantee to KRW 270,000,000, the term of guarantee to KRW 255,000,000 on February 10, 201, and around February 8, 2011, the term of guarantee to KRW 255,00,000, the term of guarantee to February 10, 2012; and the term of guarantee to February 2, 2012, the term of guarantee to February 8, 2013; and around February 5, 2013, the term of guarantee to February 7, 2014; and around February 13, 2014.

E. On September 30, 2014, the Industrial Bank of Korea notified the Defendant of the occurrence of a credit guarantee accident due to delay in payment of interest of the instant company. Accordingly, on November 6, 2014, the Defendant, on behalf of the said company, subrogated the said company to the Industrial Bank of Korea for a total of KRW 258,171,235 (i.e., principal interest of KRW 255,00,000) (= KRW 3,171,235).

F. As to the claim for indemnity against the instant company by subrogation, the Defendant on January 2, 2014.

arrow