logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.09.20 2018가단114133
구상금
Text

1. The defendants jointly and severally with non-party C, D, and E to the plaintiff 21,58,174 won and the plaintiff on March 30, 2006.

Reasons

1. The following facts are acknowledged in full view of the descriptions of evidence Nos. 1, 2-1, 5-1, 6-1, 9-2, and the purport of the whole pleadings and arguments of evidence Nos. 1, 2-1, 5-1, 6-1, 9-2.

A. On July 21, 1998, the Plaintiff entered into a credit guarantee agreement between the non-party Co., Ltd. (hereinafter referred to as the "non-party Co., Ltd.") and the non-party Co., Ltd. (hereinafter referred to as the "non-party Co., Ltd.") to provide a credit guarantee with the principal amount of the credit guarantee amount of KRW 140 million and the credit guarantee period from July 21, 1998 to June 30, 2006 (hereinafter referred to as the "credit guarantee agreement of this case").

B. According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation in accordance with the letter of guarantee issued by the Plaintiff pursuant to the credit guarantee agreement, the non-party company decided to refund the amount of damages at the rate determined by the Plaintiff within the scope of the relevant laws and regulations to the Plaintiff.

C. The Defendants jointly and severally guaranteed all obligations under the instant credit guarantee agreement against the Plaintiff of the non-party company.

In accordance with the credit guarantee agreement of this case, on July 21, 1998, a credit guarantee letter that guarantees the obligations for facility loans to the Daegu Bank of the non-party company was issued as of June 30, 2006, with the guaranteed amount of KRW 140 million and the guaranteed term until June 30, 2006. The non-party company received a loan from the multilateral branch of the Daegu Bank as security.

E. On December 9, 2005, there was a guarantee accident in which the non-party company did not pay part of the principal for the above loan obligations against the Daegu Bank. At the request of the Daegu Bank, the Plaintiff repaid the principal amount of KRW 21,00,000, interest of KRW 558,174, the total amount of KRW 21,558,174 to the Daegu Bank within the scope stipulated in the above credit guarantee agreement on March 30, 2006.

F. The Plaintiff filed a lawsuit with the Daegu District Court 2007Kadan71896 against the Defendants, the joint and several suretys of the non-party company and the Defendants, D, and E, who are joint and several suretys of the indemnity liability, for the performance of the indemnity liability, and on January 10, 2008.

arrow