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(영문) 서울중앙지방법원 2016.09.30 2015가합568294
구상금
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 516,710,767 and KRW 514,947,836 among them.

Reasons

1. Basic facts

A. After entering into a credit guarantee agreement with Defendant A, the Plaintiff: (a) on September 26, 2012, the Plaintiff issued a credit guarantee agreement with Defendant A with a guarantee number H, the guaranteed principal amount of KRW 340,000,00,000; and (b) on September 26, 2013 (amended by September 25, 2015); (c) issued a credit guarantee agreement with loan with a loan with a general corporate operating fund; (d) the above Defendant guaranteed 85% of the guaranteed obligation with respect to the repayment of principal and interest to the Plaintiff by receiving a loan of KRW 400,00,00 from the National Bank (hereinafter “credit guarantee agreement”); and (b) on the other hand, the Plaintiff paid the above guaranteed obligation amount to the Plaintiff at the rate of KRW 1,450,00,000,00,000, and the guaranteed obligation amount of KRW 20,500,000,000 as a credit guarantee agreement with the Plaintiff’s respective credit guarantee obligation to be paid to the Plaintiff.

B. On April 9, 2015, the Defendant A, a credit guarantee accident and subrogation, is the principal and interest in the Non-Party National Bank, a creditor institution.

The plaintiff, as a guarantor, has lost the benefit of the time limit for the credit guarantee installment loan specified in Paragraph 1, and on August 6, 2015, the plaintiff paid 345,654,246 won to the National Bank in relation to the first credit guarantee, and 169,293,590 won in relation to the second credit guarantee, respectively, to the defendant A.

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