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(영문) 대구지방법원서부지원 2016.02.16 2013가단13294
구상금
Text

1. As to the Plaintiff’s joint and several KRW 268,161,20 and KRW 266,96,905 among them, Defendant A and B shall jointly and severally serve as the Plaintiff from April 25, 2013 to April 2013.

Reasons

Basic Facts

The Plaintiff entered into a credit guarantee agreement between Defendant A and B with respect to the above Defendants’ obligation to provide loans to national banks (hereinafter referred to as the “credit guarantee agreement of this case”). The said Defendants secured the credit guarantee agreement issued pursuant to the credit guarantee agreement and obtained a loan from the national bank as listed below. At the time of each of the above credit guarantee agreement, the said Defendants, as married couple, jointly and severally guaranteed each other’s obligation to provide indemnity against the Plaintiff.

According to the Serial No. 2 E 2 E No. 1, 200,000,000,500 (45,000,000) on June 17, 201, 201, 1D 1D 40,000,000 (45,00,000) on the date of guarantee as the date of guarantee and the period of guarantee for the loan obligor (the changed period) loan (the changed amount) loan (the changed amount) (the guaranteed amount (the changed amount) was 10,00,000,005,000,000,000 (85,50,000,00) on the guarantee obligation and the interest rate of 10,000,000,000,000) on the guarantee obligation as determined by the Plaintiff on Oct. 8, 2010, 2005, 2004.

In relation to the credit guarantee 1, March 5, 2013, Defendant A caused a credit guarantee accident due to the suspension of transaction by a clearing-house. Accordingly, on April 25, 2013, the Plaintiff subrogated to the National Bank for the principal and interest of the Defendant A to KRW 45,618,584, and related substitute payment 1,194,295.

In relation to the credit guarantee set forth in 2 and 3, Defendant B caused a credit guarantee accident due to overdue interest on March 23, 2013. Accordingly, on April 25, 2013, the Plaintiff subrogated Defendant B to the National Bank for KRW 222,592,441 of the principal and interest of the loan, and on that day, collected KRW 1,244,120 from Defendant B to the principal of the credit guarantee.

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