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(영문) 청주지방법원 2015.10.22 2015가합21605
구상금
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 219,673,757 and KRW 216,757,139 among them.

Reasons

1. Determination as to the claim against Defendant A and Defendant B

A. The following facts are deemed to have been led to the confession of the above Defendants pursuant to Article 150(3) of the Civil Procedure Act between the Plaintiff, the Defendant Company A (hereinafter “Defendant Company”) and Defendant B.

1) On March 26, 2014, the Plaintiff has a credit guarantee agreement between the Defendant Company and the period of the credit guarantee agreement between March 26, 2014 and March 25, 202 (hereinafter “instant credit guarantee agreement”).

After the conclusion of the contract, the Bank of Korea, a loan bank, issued a guarantee number E, 427,50,000, 427,500,000 won for the guaranteed debt, the Defendant Company, the guarantor company, and the term of guarantee on March 25, 202. Defendant B, a representative director of the Defendant Company, guaranteed the Defendant Company’s obligation to the Plaintiff under the instant credit guarantee agreement. (2) Article 10 of the Credit Guarantee Agreement (Evidence A) of this case’s credit guarantee agreement (Evidence 2) provides that the Defendant Company and the Defendant B shall reimburse the Plaintiff of the amount of the Plaintiff’s guaranteed debt, (2) the amount of the Plaintiff’s guaranteed debt repayment from the date of the repayment of the guaranteed debt to the date of repayment of the guaranteed debt, and (3) the expenses incurred in the repayment of the guaranteed debt.

3. The defendant company was granted a loan from the Industrial Bank of Korea on the basis of the above credit guarantee certificate issued by the plaintiff, but on January 23, 2015, the credit guarantee accident occurred due to registration of credit management information by the representative, etc. of a corporate company, etc.

3. On 19.19. The Industrial Bank of Korea made a substitute payment of KRW 216,757,139 to perform the guaranteed obligation, and in the course of performing that obligation, the reimbursement was made for KRW 2,916,618 as substitute payments.

B. According to the above facts of determination, the defendant company and the defendant Eul jointly and severally with the plaintiff = KRW 219,673,757 under the credit guarantee agreement of this case = subrogated amount of KRW 216,757.

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