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(영문) 서울중앙지방법원 2016.09.21 2015가단5168128
구상금
Text

1. The Plaintiff:

A. As to the Defendant and the Defendant (Appointeds) jointly and severally KRW 48,522,919 and KRW 48,522,835.

Reasons

1. Basic facts

A. On October 31, 2008, the Plaintiff entered into an agreement to guarantee a loan obligation owed by the Defendant Company to the Industrial Bank of Korea (the branch of the Korea Passenger Service; hereinafter “Korea Industrial Bank”) with the Defendant Company as the credit guarantee principal (the credit guarantee principal was extended by KRW 90 million from October 31, 2008 to October 30, 2009 (the expiration of the guarantee term until March 9, 2015) (hereinafter “the credit guarantee agreement in this case”). The Defendant Company received a loan from the non-party bank according to the credit guarantee form issued by the Plaintiff at that time, and the G and the Defendant (Appointed Party) jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the credit guarantee agreement in this case.

B. On March 9, 2015, the Defendant Company lost the interest of the time limit for the debt owed to the Nonparty Bank, and the Nonparty Bank notified the Plaintiff of the occurrence of the guarantee accident on the 11st of the same month, and the Plaintiff has the same year.

4. 30. 30. The non-party bank subrogated 48,778,465 won.

C. Since then, the Plaintiff collected KRW 255,630 from the non-party company and collected KRW 255,630 to the non-party company, the balance of the claim for reimbursement against the non-party company is KRW 48,522,835, and the final damages is KRW 84, and the delay interest rate under the credit guarantee agreement of this case

As the net G died on February 6, 2015, the Defendant (Appointed Party) and his children, D, E, and F jointly inherited the property.

[Reasons for Recognition] Defendant: The Defendant (Appointed Party): Each entry in Gap evidence 1 through 5, and the purport of the whole pleadings

2. According to the allegations and the facts found as above, the Defendant and the Defendant (Appointed Party) jointly and severally agreed with the Plaintiff about KRW 48,522,919 (i.e., the principal of the indemnity amount of KRW 48,522,835) and KRW 48,52,835 of the principal of the indemnity amount of KRW 48,52,835 (i.e., the principal of the indemnity amount of KRW 48,52,522,835), and the appointed parties D, E, and F, jointly and severally with the Defendant and the Defendant (Appointed Party) within the scope of property inherited from the network G as the Plaintiff seeks.

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