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(영문) 청주지방법원 2015.05.27 2014가단159438
구상금
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 92,582,779 and KRW 91,747,951 among them.

Reasons

I. Part on Defendant A, Defendant B, and Defendant C (Judgment without oral argument)

1. Facts of recognition;

A. The Plaintiff’s legal status is a non-profit special corporation established under the Credit Guarantee Fund Act, which contributes to the development of the national economy by guaranteeing the obligation owed by an enterprise which lacks security power to a financial institution and facilitating its financing.

B. The Plaintiff, at the request of the Defendant Company A (hereinafter “Defendant Company”), issued a credit guarantee form as follows, and guaranteed the obligation to repay the principal and interest to be borne by the Defendant Company in receiving a corporate general loan from a national bank. Accordingly, the Defendant Company received a loan equivalent to the same amount from the national bank.

D. E 90,000,000 Enterprise General Funds on February 20, 201, 201.20,000

C. The Plaintiff’s credit guarantee contract concluded with the Plaintiff and the Defendant with a credit guarantee agreement, namely, “if the Plaintiff claims for the discharge of the guaranteed obligation due to the failure (including loss of the benefit of time) of the principal obligation (including the repayment of installment) due to the Defendant’s principal obligation due (including the repayment of installment) due (including the repayment of installment) due, etc., the Plaintiff shall be paid the amount of the guaranteed obligation and the amount of damages determined by the Plaintiff from the date of full payment to the date of full payment, and shall refer to the guarantee fee, fine for negligence, penalty, damages, substitute payment, etc. arising under the credit guarantee agreement.”

Defendant B and Defendant C jointly and severally guaranteed the obligation to the Plaintiff of the Defendant Company.

A claim for reimbursement was created on March 19, 2014 when a credit guarantee extension period was due to the failure to repay the loan after the execution of the above loan, and the defendant company caused a credit guarantee accident on March 19, 2014, and the plaintiff is the national bank.

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