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(영문) 부산지방법원 동부지원 2018.08.22 2018가합100143
양수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 936,913,912 and KRW 345,848,515 among them, Defendant A Co., Ltd.

Reasons

1. Indication of claim;

A. On February 7, 2003, the Korea Credit Guarantee Fund concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”); ① a credit guarantee agreement setting the term of guarantee on the 199,750,000 won loaned from the Industrial Bank of Korea and its subordinate debt; ② a credit guarantee agreement setting the term of guarantee on the 99,450,000 won loaned from the Industrial Bank of Korea and its subordinate debt; ② a credit guarantee agreement setting the term of guarantee on February 4, 2004 (amended by April 28, 2006) between the Defendant Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) and the Korea Technology Finance Corporation (hereinafter referred to as the “Korea Technology Finance Corporation”) and setting the term of guarantee on the 199,750,000 won loaned from the Defendant Co., Ltd. to its subordinate debt guarantee 16, 2005,2005 won guaranteed from each of the Defendant Co.

(hereinafter “Second Credit Guarantee Agreement”). On the other hand, Defendant B jointly and severally guaranteed liability for indemnity to be borne by the Defendant Company in accordance with the first and second credit guarantee agreements.

B. The Credit Guarantee Fund subrogated 306,172,368 won to the Bank on March 29, 2001 under the Credit Guarantee Agreement, and the Korea Technology Finance Corporation subrogated 174,324,007 won to the Bank on June 21, 2006 in accordance with the Credit Guarantee Agreement.

C. On September 25, 2014, the Korea Credit Guarantee Fund transferred the claim for reimbursement under the credit guarantee agreement to the Plaintiff, and sent the notice of the transfer to the Defendants by mail with the content-certified mail on October 30, 2014. The Korea Technology Finance Corporation transferred the claim for reimbursement under the credit guarantee agreement to the Plaintiff on September 27, 2012, and the Defendants on November 1, 2012.

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