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(영문) 서울중앙지방법원 2016.01.12 2014나17939
구상금
Text

1. At the request of a change in exchange at the trial, Defendant F shall be KRW 156,869,600 to the Plaintiff and this shall be applicable.

Reasons

1. Basic facts

A. (1) On November 14, 2003, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and G Co., Ltd. (hereinafter “G”), with the content that the Plaintiff’s obligation of loans to the Industrial Bank of GIST was determined as the guaranteed principal amount of KRW 85,00,000, and the guarantee term of November 13, 2004 (hereinafter “credit guarantee agreement”).

On November 9, 201, the Plaintiff extended the guarantee period of the first credit guarantee agreement by November 9, 201.

(2) On May 11, 2007, the Plaintiff entered into a credit guarantee agreement between G and G with the content that the Plaintiff’s obligation of loans to the Industrial Bank of Korea (hereinafter “the second credit guarantee agreement”) was to provide a guarantee to the Industrial Bank of Korea by setting the guarantee principal as 340,000,000, and the guarantee term as 10 May 201, 2012.

B. Joint Defendant B of the first instance trial co-defendant B of the first instance trial jointly and severally guaranteed the obligation owed by G to the Plaintiff based on the credit guarantee agreement between G and the first instance trial.

C. The Plaintiff’s subrogation (1) on November 17, 201, G defaulted on national taxes and registered credit management information with respect to G on January 30, 2012, and the Bank notified the Plaintiff of the occurrence of a credit guarantee accident on March 6, 2012.

(2) On April 13, 2012, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 34,803,748 ( principal KRW 34,20,000 from January 8, 2012 to April 12, 2012) pursuant to the first credit guarantee agreement, and KRW 345,159,057 (principal principal KRW 340,000,000 to April 12, 2012) pursuant to the second credit guarantee agreement, the Plaintiff subrogated for KRW 5,159,057 (interest KRW 340,00,000 to April 12, 2012).

(1) Bankruptcy declaration (1) G was declared bankrupt on January 16, 2013 in the District Court Decision 2012Hau13.

(2) B was declared bankrupt on May 26, 2014 in this Court Decision 2014Hadan1542, and the Plaintiff was appointed as bankruptcy trustee.

[Based on recognition] - without dispute, Gap evidence 1 to 4 (including each number), Gap evidence 11 to 13, and Eul evidence 7.

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