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(영문) 서울중앙지방법원 2017.11.15 2017가합503352
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,223,220,673 and KRW 1,219,287,867 among them.

Reasons

Basic Facts

On May 14, 2014, the Plaintiff, including the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), with the content that the Defendant Co., Ltd. will guarantee the repayment of its loan obligations (hereinafter “credit guarantee agreement of this case”) by setting the guarantee amount of 405,00,000 won (450,000 won loan amount to 90%) and the guarantee period from May 14, 2014 to May 13, 2015, the Defendant Co., Ltd. (hereinafter “Korea Bank”) obtained a loan for corporate driving funds from the Korean Bank Co., Ltd. (hereinafter “Korea Bank”), and thereafter extended the guarantee period to May 13, 2016.

On May 14, 2014, the Plaintiff entered into a credit guarantee agreement (Guarantee Number E; hereinafter “Credit Guarantee Agreement”) with the Defendant Company to guarantee the performance of the obligation to repay the loan when the Defendant Company received a loan from a corporate bank (hereinafter “corporate bank”) during the period from May 14, 2014 to May 13, 2015, setting the guarantee period of KRW 810,000 (90,000,000,000), and from May 13, 2016, the Defendant Company extended the guarantee period to May 13, 2016.

On May 14, 2014, at the time of each credit guarantee agreement of this case, Defendant B jointly and severally guaranteed all obligations, such as indemnity liability, to be borne by the Defendant Company to the Plaintiff pursuant to each credit guarantee agreement of this case.

The Plaintiff extended a loan to the Defendant Company to the Defendant Company by issuing a credit guarantee certificate in accordance with each of the instant credit guarantee agreements (hereinafter “each of the instant credit guarantee certificates”).

The Defendant Company secured each of the credit guarantee certificates of this case and obtained a loan of KRW 450,000,000 from the Bank and KRW 900,000 from the Enterprise Bank (hereinafter “the instant loan”).

The occurrence of a guarantee accident and the Plaintiff’s subrogation company, on February 11, 2016, are filing an application for commencing rehabilitation procedures with respect to the Defendant Company.

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