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(영문) 창원지방법원 2014.12.19 2012가단15254
구상금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from April 26, 2012, as to KRW 2,705,009,608 and KRW 2,705,07,509 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “C”)

(1) On November 25, 2008, 1) On November 25, 2008, C is a single bank (hereinafter “one bank”).

) To obtain a loan from C, the Plaintiff entered into a credit guarantee agreement with a guarantee period from November 25, 2008 to November 24, 2009, setting the guarantee period of C as KRW 148,200,00, with the content of credit guarantee for C’s loan obligations (the guarantee period thereafter was changed to November 23, 2012).

hereinafter referred to as "the first credit guarantee agreement"

(2) On November 25, 2008, C entered into a credit guarantee agreement with the guarantee period from November 25, 2008 to November 24, 2009, setting the guarantee period of the obligation to be borne with a loan from a single bank as KRW 596,60,000 (the guarantee period thereafter was changed to November 23, 2012).

hereinafter referred to as "Second Credit Guarantee Agreement"

(3) On April 3, 2009, C entered into a credit guarantee agreement with the warranty period from April 3, 2009 to April 2, 2010 as the guaranteed amount of KRW 2,00,000,000 with respect to the obligation to be borne with a loan from a single bank (the guarantee period thereafter was changed by March 30, 2012).

hereinafter referred to as "third credit guarantee agreement"

2) On the same day, C’s representative director D jointly and severally guaranteed all debts owed to C to the Plaintiff under each credit guarantee agreement as above.

3) C has obtained a loan of KRW 156,00,000 from one bank as collateral with a credit guarantee certificate issued by the Plaintiff pursuant to the Credit Guarantee Agreement on November 27, 2008 (for payment through extension, etc. of due date, November 23, 2012; hereinafter “No. 1 loan”).

(2) On December 29, 2008, under a credit guarantee agreement of 208, with a credit guarantee agreement of 628,000,000 won issued by the Plaintiff as security, a loan of 628,000 won for corporate purchase is made and has been granted on January 21, 2009.

7. 20. 25,500,000 won on March 3, 2011 and 65,213.

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