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(영문) 서울중앙지방법원 2018.06.21 2016가합577363
구상금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant A: (a) for KRW 952,386,344 and KRW 497,613,390 among them, Defendant A shall be from October 27, 2016 to 362,07.

Reasons

1. The following facts may be found either as a dispute between the parties, or as a result of Gap evidence Nos. 1 through 12, 14, 15, and 16 (if any, including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 4, witness D's testimony, appraiser E's appraisal, and the result of this court's order to submit financial transaction information to the head of the Gyeonggi Northern Site Department of the Small and Medium Business Corporation and the fact-finding to the head of the Gu during the period, based on the overall purport of the pleadings.

1) The Plaintiff is Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”).

(1) The former representative director of Defendant A [the former representative director of Defendant B] and Defendant B (the former representative director before and after the change: G; hereinafter referred to as “Defendant B”)

[] Each credit guarantee agreement between Defendant B and Defendant B (hereinafter “the instant credit guarantee agreement”) is called the instant credit guarantee agreement

A) A joint and several surety agreement was entered into between the non-party company and the defendant B, pursuant to the above credit guarantee agreement, the Bank of Korea and the H (hereinafter “H”).

(2) On April 24, 2013, the term of guarantee contract was modified to the guarantee contract of Defendant A, Inc., the first guarantee term of which was 500,000,000 won (50,000,000 won) on March 209, 2010. The term of guarantee contract of Defendant A, B, and H, the second guarantee contract of which was 360,000,000 won (40,000,000 won) on April 24, 2013. The term of guarantee contract of Defendant B, the Bank of Korea of Korea of 190,000,000 won (50,000,000 won) on March 24, 2011, Defendant B, the guarantee contract of which was 30,000,000 won (10,000,0000,000 won) on March 24, 2011.

3. According to the credit guarantee agreement of this case, where the non-party company and the defendant B did not repay the loan within the due date, and the plaintiff performed the guaranteed obligation, the non-party company and the defendant A and B shall be jointly and severally the plaintiff.

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