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(영문) 서울고등법원 2019.11.27 2018나2043683
손해배상(기)
Text

1. The primary claim against the defendant in the judgment of the court of first instance for the payment of the amount equivalent to KRW 830,000,000 among the parts against the defendant in the judgment.

Reasons

1. Basic facts

A. The Plaintiff’s respective joint and several guarantee claims 1) E- on November 19, 2009, as joint and several guarantee claims 1) A loaned KRW 4 billion to E on November 19, 2009, and D (Representative F) jointly and severally guaranteed E’s above loan obligations within the limit of KRW 6 billion.

B) E was unable to repay the above debt even after the expiration of the maturity date of the loan agreement, and as of October 17, 2016, E was 6,591,228,042 won (i.e., principal amount of KRW 2,158,224,752 won) (i.e., interest amount of KRW 4,43,03,03,290) G’s joint and several liability amount of KRW 5 billion in G on December 23, 2009 (i.e., interest amount of KRW 4,43,03,03,290). G borrowed the above debt amount of KRW 7.5 billion in G on December 23, 2009, and D jointly and severally guaranteed the above debt amount of KRW 7.5 billion after the expiration of the maturity date of the loan agreement (i.e., interest amount of KRW 46,47,486,476,786,786,467,7,78646,7,75).

3) H’s joint and several guarantee obligation for H’s loan on December 23, 2009 Ga) loaned 5.5 billion won to H (1st shareholder F) on December 23, 2009, and D guaranteed H’s above loan obligation within the limit of 6 billion won.

B) On October 17, 2016, H failed to repay its debts even after the maturity date of the loan agreement, and as of October 17, 2016, H loaned the amount of KRW 8,217,336,056 (i.e., principal amount of KRW 3,246,578,388,470,757,668) to be repaid under the above loan agreement (i.e., principal amount of KRW 3,246,57,68) and (ii) I’s joint and several surety obligation of KRW 6 billion to I on December 25, 2010 and March 14, 2011.

C. At the expiration of the maturity date of each loan agreement, I failed to repay its debts, and I made each of the above loan agreements as of October 17, 2016.

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