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(영문) 서울중앙지방법원 2015.07.21 2013가단5121583
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 102,959,034 and KRW 102,492,435 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

1. Claim against the defendant A and B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C

A. On November 25, 2011 (the first extension by November 23, 2012, the second extension by November 23, 2012, and the second extension by November 22, 201) of the guarantee term of KRW 50 million on August 13, 2009, KRW 10 million on August 10, 201 (the extension by August 9, 2013) of the guarantee term of KRW 1,00,000,000 (the extension by November 23, 2013), the Plaintiff is the Defendant A Co., Ltd. (hereinafter referred to as “A”), and the Plaintiff.

between Defendant A and the Bank, Inc. (hereinafter referred to as “Korea Bank”);

In order to obtain a loan from a party, each of the following credit guarantee agreements (hereinafter “each of the instant credit guarantee agreements”, and the first credit guarantee agreement Nos. 1 and 2 of Table Nos. 2 is “the instant credit guarantee agreement” and “the instant credit guarantee agreement”.

(2) Defendant A, a director of Defendant A, jointly and severally guaranteed the obligation of Defendant A to the Plaintiff under each credit guarantee contract of this case. (2) The Plaintiff issued two credit guarantee certificates to Defendant A in accordance with each of the credit guarantee contracts of this case. Defendant A submitted them to the Bank and borrowed KRW 100 million in total from the said Bank.

3) On September 26, 2012, Defendant B and Defendant C each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between Defendant C and Defendant C.

2) The sales contract for sale (hereinafter “instant sales contract”)

(4) Defendant A did not pay interest on the loans specified in the above paragraph (1) and caused a credit guarantee accident on April 3, 2013. On August 14, 2013, the Plaintiff subrogated to the Bank for KRW 102,492,435 in total in accordance with each of the credit guarantee agreements of this case. [Grounds for recognition] The fact that there is no dispute, A1 through 7, and 10 through 12 (including the serial number, the purport of the entire pleadings as a whole.

B. On September 26, 2012, Defendant B asserted by the Plaintiff as to the Plaintiff’s assertion, each of the instant cases against Defendant C.

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