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(영문) 서울중앙지방법원 2017.07.06 2016가합549443
구상금 등
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 56,385,253 and KRW 394,714,918, among them, shall be jointly and severally filed against the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Defendant Company A (hereinafter “Defendant Company”) on March 12, 2014, including the Plaintiff’s credit guarantee agreement and the credit guarantee agreement under Article 1 (a) of the Defendant Company’s loan, with respect to the obligation to repay KRW 54 million for corporate purchase that the Defendant Company is scheduled to obtain a loan from a point of foreign exchange bank sex zone, after the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the terms of credit guarantee covering the guarantee amount of KRW 403,200,000 (80%) and the guarantee period until June 20, 2014 (the above guarantee period becomes final and conclusive September 9, 2016). On the same day, the said credit guarantee agreement was issued in the future at the point of foreign exchange bank sex zone.

D. At the time of the first credit guarantee agreement, if the Plaintiff performed the above guaranteed obligation, the Defendant Company agreed to pay to the Plaintiff the amount of the guaranteed obligation and the amount calculated by the overdue interest rate (10% per annum) set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment. Defendant B, the representative director of the Defendant Company, guaranteed all the obligations owed by the Defendant Company to the Plaintiff according to the

【Defendant Company borrowed KRW 490,1500,000 from the Foreign Exchange Bank using a credit guarantee instrument issued under the Credit Guarantee Agreement No. 1 on March 17, 2014.

B) On February 29, 2016, the Plaintiff entered into a credit guarantee agreement with the Defendant Company and the Defendant Company on February 29, 2016, with respect to the obligation to repay KRW 180,000,000,000 as the guaranteed amount (90% of the guaranteed amount) and the guarantee period until February 26, 2021 (hereinafter “the second credit guarantee agreement”).

After the conclusion of the credit guarantee contract, it was issued in the future of the Sung-dong branch of our bank.

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