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(영문) 서울중앙지방법원 2019.03.26 2017가단5140582
구상채권연대책임 청구
Text

1. The Defendants jointly share the Plaintiff at the rate of KRW 200,00,000 and KRW 15% per annum from September 7, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On August 19, 2013, the Plaintiff entered into a credit guarantee agreement with C (hereinafter referred to as “the instant credit guarantee agreement”) with a view to extending the existing loans that C had been loaned by the Industrial Bank of Korea (hereinafter referred to as “C”), whereby the estimated amount of loans is KRW 1.215 billion, the guaranteed amount is KRW 1.09 billion, the guaranteed amount is KRW 93.5 million, and the term of guarantee is August 18, 2014 (hereinafter referred to as “the instant credit guarantee agreement”), and issued a written credit guarantee agreement.

D as a representative of C, as a joint and several liability for the Plaintiff, such as the amount of indemnity under the credit guarantee contract of this case.

B. C on November 5, 2013, the repayment of the loans of the Industrial Bank of Korea was delayed.

On January 2, 2014, the Plaintiff notified the Industrial Bank of Korea of the occurrence of a credit guarantee accident under the instant credit guarantee contract, and subrogated to the Industrial Bank of Korea KRW 1,120,779,978 on March 26, 2014.

Accordingly, the Plaintiff filed a lawsuit against C and D seeking reimbursement against C and D, Seoul Western District Court Decision 2014Ga248744, and the above court rendered a judgment on April 14, 2015 that “C and D jointly and severally paid to the Plaintiff the amount of KRW 1,113,454,470 and KRW 1,113,452,061 as to KRW 1,13,452,061 as to KRW 12% per annum from March 26, 2014 to March 3, 2015, and KRW 15% per annum from the following day to the date of full payment,” and the above judgment became final and conclusive on May 1, 2015.

C. Defendant A Co., Ltd (hereinafter referred to as “Defendant A”) was registered on November 12, 2013, and the inside director E, its representative, was married on April 21, 1987, but the consultation was married on April 11, 2001, and was registered as C’s director or representative director from June 23, 2006 to March 30, 201, and the F, which was registered as the auditor, is D and E’s father.

Defendant B Co., Ltd. (hereinafter “Defendant B”) was registered on July 23, 2013. At the time of establishment, D was the representative director at the time of establishment, and H was currently registered as the representative director at the time of establishment, and E was registered as an auditor at the time of establishment, and is currently F.

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