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(영문) 서울중앙지방법원 2015.05.07 2014가합535839
구상금 등
Text

1. Defendant A, B, NFT Co., Ltd., and C Co., Ltd. shall be jointly and severally held against the Plaintiff.

Reasons

1. Under Article 257(1) of the Civil Act, the following facts are deemed to have been led by the above Defendants pursuant to Article 257(1) between the Plaintiff and the Defendant A Co., Ltd. (hereinafter “A”), B, and C Co., Ltd. (hereinafter “C”), and there is no dispute between the Plaintiff and the Defendant Korea Exchange Bank (hereinafter “Korea Exchange Bank”), or between D, or between evidence 8-3, 4, A, 16 through 20, evidence 22 through 24, evidence 26 through 32, evidence 36, evidence 37, evidence 38-1, 2, evidence 39-1 through 3, evidence 1, 1-1, and 2-2, evidence 1-2, and evidence 1, 1-2 of the Civil Act.

(1) The Plaintiff and Defendant A entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) under which each amount guaranteed, term of guarantee, etc. is set out as listed below (the final changed amount and term of guarantee; hereinafter referred to as “the first to third credit guarantee agreement”) in the course of obtaining a loan from a bank for funds necessary for corporate management.

On December 17, 2007, 212,50,000 through December 17, 2007, 200 through December 13, 2013, Industrial Bank of Korea from December 18, 2007, 200,000 on December 25, 200, 200 on December 27, 2008 to November 27, 2008; Defendant 200,000,000 to the Plaintiff on November 27, 2008 to November 27, 200 through November 22, 2013; and Defendant 200,000,000 or 000,000,000 or 00,000 or 00,000,00 or 00,000,00 or 100,00,00,00,00

(3) Under each of the above credit guarantee agreements, Defendant A shall observe the terms and conditions of a loan pursuant to the credit transaction agreement with the lending bank, and if the Plaintiff fulfills the guarantee obligation, the payment by subrogation and its performance date shall be included in the joint and several surety and the Plaintiff jointly and severally.

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