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(영문) 서울고등법원 2015.04.15 2014나2039600
구상금 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s conclusion of a credit guarantee agreement and D’s joint and several guarantee, etc. 1) The Plaintiff Co-Defendant A (hereinafter “A”) in the first instance trial.

The existing contractual parties were representatives B, but upon the incorporation of the above company B, the Plaintiff concluded a new credit guarantee agreement with the same content as A, and both A and B were exempted from liability.

A without distinction below

(2) As between the two, each credit guarantee agreement of this case (hereinafter referred to as the “each credit guarantee agreement of this case”) with the following descriptions:

The following credit guarantee instruments were issued. A was granted each loan from the banks listed in the following table as collateral. On February 24, 2009, the creditor guarantee number guarantee period (amount of loan) F. Industrial Bank of Korea F. 475,000,000 won (50,000,000 won) on December 24, 2009, G G of Han Bank on December 24, 2010 (30,000,000,000 won) (30,000,000 won) on March 17, 2011, each of the above credit guarantee agreements was concluded with the Plaintiff and the Industrial Bank of Korea on March 16, 200, KRW 190,000 (amount of loan) on each of the above credit guarantee obligations borne by the Plaintiff on March 16, 200, KRW 200,000, KRW 5,0000, KRW 936,9,2005).

3) According to each credit guarantee agreement of this case, where the Plaintiff fulfilled the guaranteed obligation under each of the credit guarantee agreements of this case, A paid the Plaintiff the amount of performance of the guaranteed obligation and damages for delay at the rate determined by the Plaintiff. The occurrence of a credit guarantee accident caused by an application for commencement of rehabilitation proceedings on September 23, 2013, the Plaintiff paid KRW 487,320,675 in total to the Industrial Bank of Korea on October 18, 2013 (i.e., KRW 39,620,478 in relation to the guarantee of February 24, 2009 (i.e., KRW 39,620,47,347, KRW 190,847, KRW 347, KRW 256,850 in relation to the guarantee of March 17, 2012, and KRW 256,942,470 in subrogation to Han Bank on September 26, 2012.

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