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(영문) 인천지방법원 2020.05.21 2019가단202442
구상금
Text

1. The Defendants jointly and severally agreed with the Plaintiff as to KRW 1,221,091,211 and KRW 724,843,682 among them, from October 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement under which the Defendant A Co., Ltd. (hereinafter “Defendant A”) guarantees the Defendant Company’s obligation to loans to financial institutions on three occasions as indicated in the table below.

(hereinafter referred to as “the instant credit guarantee agreement”). The guarantee period of the lending bank guarantee number guarantee (the changed guarantee period) by the date of the guarantee (the changed guarantee period) No. 130,000,000 won in the amount of loans on April 30, 2015 ( April 26, 2019) 720,000,000 won in the amount of loans, April 29, 2016 ( April 26, 2019) 8, 2015, E BankF on December 8, 2015 ( December 7, 2018) 30,000,000 won in the amount of loans 300,000,000,000 won in the amount of loans, 30,000,0000 won in the amount of loans, May 25, 2017, 2000 won in the amount of loans.

B. Defendant B, the representative director of the Defendant Company, was jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff according to each credit guarantee agreement of this case.

C. On October 16, 2018, the Plaintiff subrogated to C Bank for KRW 728,721,862 in relation to the credit guarantee agreement as set forth in the first credit guarantee agreement as of October 23, 2018, and KRW 496,24,766 in relation to the credit guarantee agreement as of October 23, 2018 ( KRW 192,417,424 in relation to KRW 303,827,342, and KRW 192,417,42, and KRW 1,221,08,448, and KRW 48 (Guarantee 1,724,843,682, and KRW 303,827,3427, and KRW 192,417,424 in relation to the guarantee as of the closing date of the argument in this case).

The damages for delay from the date of performance of the guaranteed obligation to the date of repayment are 2,763 won.

2. According to the facts of the above recognition, according to the credit agreement of this case, the defendant company and the defendant Eul jointly and severally with the defendant company in accordance with the joint and several guarantee contract of this case, and as to 1,221,091 won (2,763 won for delay up to 192,417,42 won by subrogation of 203,827,342 won by subrogation of 1,824,843,682 won by subrogation of 1,224,843,682 won by subrogation of 192,42,342 won by subrogation of 192,417,424 won by subrogation of 724,

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