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(영문) 서울중앙지방법원 2018.09.06 2017가합508852
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 505,105,995 and KRW 488,879,855 among the Plaintiff.

Reasons

1. Determination as to the claim for indemnity

A. 1) The Plaintiff Company A (hereinafter “Defendant A”)

B) On November 26, 2010 and June 24, 2011, Defendant B as joint and several sureties, each guarantee agreement (in turn, “first guarantee agreement”, “second guarantee agreement”, and “each guarantee agreement of this case” are referred to in total.

After the conclusion of each guarantee, Defendant A received a loan from the Bank and the National Bank as a security. The date of concluding each guarantee contract of this case, the creditor, the final guarantee period, the guarantee amount, the guarantee amount, and the loan amount are as follows. On November 26, 2010, the creditor as of the date of concluding the guarantee contract of this case, the creditor’s obligation to perform the principal obligation guaranteed by the Plaintiff, the credit guarantee amount, the guarantee amount, and the loan amount are as follows. On June 1, 2017, the Plaintiff violated the creditor’s obligation to pay for provisional seizure of this case, the creditor’s credit guarantee amount, the credit guarantee contract of this case’s prior notice or the credit guarantee contract of this case’s creditor, and the Plaintiff is subject to either of the credit guarantee or the credit guarantee agreement of this case’s prior notice or demand for the commencement of auction or sale of this case’s credit guarantee, and the Plaintiff’s prior notice or demand for the commencement of auction or sale of this case’s credit guarantee without any objective reasons for which the Plaintiff was subject to an auction or sale of this case’s credit guarantee agreement.

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