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(영문) 서울중앙지방법원 2016.06.14 2015가단5151915
구상금
Text

1. The defendant (Appointeds) and the appointed parties are jointly and severally against the plaintiff KRW 164,701,507 and KRW 164,135,157.

Reasons

1. Facts of recognition;

A. On March 5, 2010, the Plaintiff guaranteed the repayment of the obligation to repay the loans to the Industrial Bank of Korea of the designated parties B by applying the guarantee period from March 5, 2010 to March 4, 2011, the amount of damages and the guarantee period under the credit guarantee principal to B (170,000,000,000,000,000,000,000) and the guarantee period from March 5, 2010 to March 4, 2011, and subsequently, the Plaintiff concluded a credit guarantee agreement with the designated parties under the credit guarantee agreement with the Plaintiff (hereinafter “instant credit guarantee agreement”) with respect to the period from the expiration of the guarantee period to the date of the repayment of the repayment amount and the guarantee amount under the interest rate set by the Plaintiff (12% per annum after December 1, 2012), and the Defendant (the appointed parties) concluded the credit guarantee agreement with respect to the said designated parties B under the credit guarantee agreement.

B. On the same day, the Plaintiff issued a credit guarantee certificate of KRW 170,000,000 to the Industrial Bank of Korea as the other party under the above credit guarantee agreement, thereby guaranteeing the Industrial Bank of Korea’s obligations for small and medium enterprise financing loans of KRW 200,000,000 to be borne by the designated party B. The designated party B submitted the said credit guarantee certificate and borrowed KRW 200,000,000 from the Industrial Bank of Korea on March 9, 2010.

C. Since then, the term of loans extended several times between the designated parties B and the Industrial Bank of Korea by February 27, 2015, the Appointed B and the Defendant (Appointed Party) submitted the Plaintiff an application for change of the terms and conditions of the credit guarantee to the Plaintiff at least four times (the above application contains the signatures of the designated parties B and the Defendant (Appointed Party) and a copy of the two persons’ resident registration certificates are attached), and the guarantee period under the instant credit guarantee agreement between the Plaintiff and the Plaintiff also exists.

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