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(영문) 서울중앙지방법원 2018.04.06 2016가합550146
구상금 등
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 561,123,678 and KRW 559,751,092 among them.

Reasons

1. Facts of recognition;

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

(B) A credit guarantee agreement was entered into between the two parts as listed below, and a credit guarantee agreement was issued (hereinafter referred to as the “instant first guarantee agreement”) and the second guarantee is called the “instant second guarantee agreement”.

(B) Defendant B jointly and severally guaranteed each of the above obligations against the Plaintiff of the Defendant Company (the guarantee period in the table below is based on the final modified guarantee period after the conclusion of each of the above respective guarantee contracts.

(2) On December 16, 2016, the amount of loan guaranteed by the separate guarantee date (cost) 1, 200,000,000 of the loan extended by small and medium enterprise loan 30,000,000,000 on December 16, 2016, the amount of loan extended by the separate guarantee date (cost) 1,200,000 of the loan extended by small and medium enterprise purchase loan 440,00,000,000, December 16, 2016, the Defendant Company obtained the Plaintiff’s repayment amount and its guaranteed obligation from the repayment date to the repayment date of the guaranteed obligation by using the credit guarantee contract of this case 30,00,000,000 per annum 1,40,000,000,000 per annum 30,000,000,0000,000 per annum 1,50,000,000.

(hereinafter referred to as “each of the instant loans”) B.

The occurrence of a credit guarantee accident and the Plaintiff’s subrogation did not pay the principal and interest of each of the instant loans, thereby causing a credit guarantee accident on May 19, 2016. The Plaintiff owes the following principal and interest of loans to the Industrial Bank of Korea on June 28, 2016 in accordance with the instant guarantee contract.

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