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(영문) 서울중앙지방법원 2018.07.26 2018가단5013786
구상금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable, and Defendant C is within the scope of the property inherited from the network D, and 52.

Reasons

1. Facts of recognition;

A. On July 29, 2011, the Plaintiff’s claim for reimbursement against Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was changed between the Defendant Co., Ltd. and the Plaintiff to July 27, 201, from July 29, 201 to July 27, 2012 (the amount guaranteed after this was changed to KRW 4.7 million and the period of guarantee from July 22, 2016).

(1) The creditor new bank (hereinafter “new bank”) shall be deemed to be the creditor company

(2) The Defendant Company submitted the said credit guarantee agreement to a new bank and received a loan from the new bank on the same day, as D, jointly and severally guaranteed the obligation of the Plaintiff of the Defendant Company under the said credit guarantee agreement.

3) On July 22, 2016, the Plaintiff subrogated for KRW 48,284,441 in total, including the principal amount of KRW 47,70,00,00 and interest KRW 584,441, to a new bank. The Plaintiff subrogated for KRW 3,948,031. B. The Plaintiff’s international corporation (hereinafter “international”).

(1) On August 5, 2014, the Plaintiff entered into a credit guarantee agreement with the international community, setting forth a credit guarantee agreement as a creditor-based bank, and issued a written credit guarantee agreement to the international community. D, on the same day, jointly and severally guaranteed obligations to the international plaintiff under the said credit guarantee agreement.

2) The Defendant Company submitted the said credit guarantee statement to the new bank and received a loan from the new bank. 3) On August 8, 2016, the Plaintiff paid a total of KRW 69,045,000 to the new bank, including the principal and interest of KRW 68,00,000,000, and KRW 1,045,006, and paid a penalty of KRW 16,390.

C. D, a joint and several surety of each of the above credit guarantee agreements for D’s death, died on April 17, 2016, and E, its wife, is the Suwon District Court's Sungnam Branch.

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