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(영문) 대전지방법원 2015.03.11 2014가합102436
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 2,259,328,529 and KRW 2,258,378,707 among them.

Reasons

Basic Facts

The Plaintiff, such as the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with Defendant A with each of the following contents (hereinafter referred to as the “credit guarantee agreement of this case”) and issued each of the credit guarantees stated in the following table accordingly:

On September 3, 2010, the date of guarantee of the credit guarantee agreement under Article 2 credit guarantee agreement of the credit guarantee agreement of the credit guarantee agreement of the credit guarantee agreement of the second bank on September 3, 2010, the guarantee amount of KRW 1.08 billion in KRW 80 million in KRW 360 million in KRW 80,000 on September 3, 2013, the guarantee period of KRW 360,000,000 in KRW 360,000 in KRW (up to August 29, 2014) was changed as of September 2, 2011 (up to the amendment as of August 29, 2014), the national bank behavior of the lending bank, the National Bank of Korea, the National Bank of Korea, the National Bank of Korea (hereinafter referred to as the "National Bank"), the discharge rate of the guaranteed obligation of the Plaintiff as of September 3, 2014 (up to the date of discharge of the guaranteed obligation as determined by the Plaintiff.

On the other hand, Defendant B Co., Ltd. (hereinafter “Defendant B”) jointly and severally guaranteed all the obligations that Defendant A owes to the Plaintiff according to the aforementioned credit guarantee agreement.

Defendant A borrowed KRW 80 million from the National Bank pursuant to the credit guarantee certificate of the Plaintiff’s issuance of the Plaintiff, KRW 1.2 billion pursuant to the credit guarantee certificate of the instant case No. 2, and KRW 400 million pursuant to the credit guarantee certificate of the instant case No. 3.

Upon the occurrence of a credit accident on November 11, 2013 due to the delinquency in interest on the National Bank by Defendant A, etc., the Plaintiff’s total amount of KRW 2,268,449,467 to the National Bank on January 27, 2014 = 807,213, the amount of subrogation under a credit guarantee agreement under Article 1 of the instant case.

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