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(영문) 서울고등법원 2016.11.03 2015나2043491
구상금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff is a juristic person established pursuant to the Credit Guarantee Fund Act for the purpose of contributing to the balanced development of the national economy by guaranteeing the obligation of an enterprise which lacks security capacity by guaranteeing the obligation of the enterprise and facilitating the financing of the enterprise, and by establishing sound credit order through efficient management and operation of credit information. 2) The Co-Defendant A corporation of the first instance trial (hereinafter “A”) is a company established for the purpose of construction business of soundproof walls, manufacturing of soundproof walls, distribution of soundproof materials, etc., the Co-Defendant B of the first instance trial is a director and representative director of A, and the Co-Defendant D of the first instance trial is a co-defendant D of the first instance trial.

3) The co-defendant C is the father of the co-defendant B in the first instance trial. The defendant is the mother of the co-defendant B in the first instance trial, the co-defendant D in the first instance trial is the wife of the co-defendant B in the first instance trial, and the co-defendant E in the first instance trial is the leakage of co-defendant B in the first instance trial (hereinafter referred to as "co-defendant in the first instance trial"). The term "co-defendant in the first instance trial" in relation to A, B, C, D, and E is omitted.

B) On June 1, 2009, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and A with respect to the obligation to receive a loan from the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), setting the principal of the loan guarantee as KRW 100 million and the guarantee period from June 1, 2009 to May 31, 2010 (hereinafter “instant credit guarantee agreement”). B, E, and C as of the same day, jointly and severally guaranteed all the obligation that A bears to the Plaintiff under the said credit guarantee agreement.

A, on the same day, was granted a loan of KRW 100 million from the bank as security with a credit guarantee certificate issued by the Plaintiff pursuant to the first credit guarantee agreement of this case.

2) On June 25, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “the credit guarantee agreement”) between A and A with respect to the obligation to be loaned from us bank, setting the principal of the loan guaranteed as KRW 190 million and the guarantee period from June 25, 2010 to June 24, 2015.

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