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(영문) 서울중앙지방법원 2016.08.12 2015가단5335836
구상금
Text

1. The Defendants jointly share KRW 244,623,109 with respect to the Plaintiff and the period from August 21, 2015 to June 21, 2016.

Reasons

1. Basic facts

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

As follows, the Defendant Company entered into two credit guarantee agreements with respect to the receipt of a loan from a corporate bank. Defendant B, as an internal director of the Defendant Company, jointly and severally guaranteed all of the obligations under each credit guarantee agreement with the Plaintiff on September 18, 2009 (hereinafter referred to as the “first agreement”): D guarantee date: D guarantee date: (after this, as of September 17, 2015, the extension to November 11, 2015): Guarantee principal: 50,000,000 won: 10% (after this, as of September 17, 2015: 10%) June 17, 2013 (hereinafter referred to as “credit guarantee agreement”).

(E) Guarantee number: Guarantee period on June 17, 2013: June 16, 2014 (after maturity, June 16, 2015: Guarantee principal extended as of June 16, 2014: 290,000,000 won: 85%

B. 1) Under an arrangement, the Defendant Company borrowed KRW 50,000,000 from the Enterprise Bank pursuant to the Defendant Company’s loaning KRW 50,000 from the Enterprise Bank. 2) Under an agreement, the Defendant Company borrowed KRW 289,763,120 in total from the Enterprise Bank as listed below.

No. 12015-26 12,00,00 for annual loans 2015-26 15-26,00,00 for 32015-26,2015-26,130,00 for 4 2015-39,00 for 2015-37,00 for 200 for 2015-3-19 22,000,00 for 00 for 00 0305-206 05-3-267,000,000 for 0305-205, 000 for 0305-206, 000 for 05-300, 2000 for 2015-301, 2000-301, 2000-49-130, 005-10-4, 2010-4

C. The Plaintiff’s subrogation and the Defendant Company failed to repay its obligations under each of the above credit guarantee agreements, and the Plaintiff subrogated to an enterprise bank on August 21, 2015, as stipulated in each of the instant credit guarantee agreements.

the payment by subrogation;

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