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(영문) 서울중앙지방법원 2016.01.12 2015가단5111788
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 74,885,446 and KRW 74,343,065 among them, from February 13, 2015 to May 4, 2015.

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or may be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap 1 through 7:

1) The Plaintiff changed the form of a company into a company-type as of June 26, 2014, in accordance with Article 60-2(1) of the Framework Act on Cooperatives (the foregoing stock company and the defendant defendant defendant defendant defendant defendant plaintiff's building cooperative are deemed to be the same in relation to rights and obligations.

hereinafter referred to as “Defendant Association”).

3) The non-party 1 bank (hereinafter “foreign bank”)

(1) As to the receipt of a loan from the Defendant Union, the credit guarantee agreement between the Defendant Union and the Defendant A on the following terms and conditions as joint and several sureties (hereinafter “instant guarantee agreement”).

(2) The Plaintiff concluded a guarantee agreement on November 11, 2013 (including the loss of the benefit of time) where the Plaintiff did not repay the loan obligation to the non-party bank within the due date (including the loss of the benefit of time) and the Plaintiff performed the guarantee obligation to the non-party bank, the Defendants jointly and severally agreed to pay to the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the obligation and the amount of delayed payment from the date of performance to the date of full payment; ② additional guarantee fee from the day following the payment date of the guarantee fee to the day before the expiration date of the guarantee; ③ additional guarantee fee from the day following the payment date of the guarantee fee to the day before the expiration date of the guarantee; ③ legal procedure expenses incurred by the Plaintiff in exercising or preserving the right by the performance of the guarantee obligation; and ② the Plaintiff issued a credit guarantee agreement on November 111, 2014 to the Defendant Union as the principal guaranteed; and the Defendant Union received the loan from the non-party bank.

3. On November 12, 2014, the Defendant Union lost the benefit of time due to the delayed payment of the principal of the above loan to the non-party bank, and the non-party bank is the Plaintiff.

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