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(영문) 인천지방법원 2019.08.28 2019가단216328
구상금
Text

1. The Plaintiff:

A. Defendant A is jointly and severally and severally with Company C (Representative D), D, and E, KRW 386,920,347.

Reasons

1. Facts of recognition;

A. On April 28, 2004, C (the representative director D; hereinafter the “debtor Company”) entered into a credit guarantee agreement with the Plaintiff on April 28, 2004 as stated in the “(a) credit guarantee agreement” in the attached Table of the Credit Guarantee List, such as a credit guarantee agreement between the Plaintiff and the debtor company to pay all of the incidental obligations, including the amount of the guaranteed obligation and the amount of the guaranteed obligation after the date of the performance, additional guarantee fee, and the costs required for other legal procedures, with respect to each of the credit guarantee agreements between the Defendants, and the Defendants jointly and severally guaranteed each of the instant credit guarantee agreements (hereinafter the “credit guarantee agreement of this case”).

Defendant B bears only the obligations based on the credit guarantee agreement of this case 2, 4, and 5, and the remainder was cancelled and the remainder was not liable for joint and several liability for the credit guarantee agreement.

B. On April 28, 2004, under the credit guarantee agreement of this case, the debtor company received a loan of KRW 240,000,000 from the Industrial Bank of Korea from the Industrial Bank under the credit guarantee agreement of this case, as stated in the attached credit guarantee sight table “(b)”, and lost the benefit of time due to a credit guarantee accident in arrears with interest on March 28, 2014. Accordingly, the plaintiff paid to the Industrial Bank of Korea the total amount of each of the above loans to the Industrial Bank of Korea by the debtor pursuant to each credit guarantee agreement of this case on August 29, 2014.

C. Meanwhile, the debtor company is the company on the other hand.

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