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(영문) 서울서부지방법원 2019.11.21 2019가단239400
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 128,620,97 and KRW 128,620,90 among them, from May 29, 2019 to July 2019.

Reasons

1. Basic facts

A. On October 30, 2008, the Plaintiff changed the guarantee period from October 30, 2008 to October 29, 2009 (the guarantee period was changed thereafter to August 9, 2019).

i)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as “credit guarantee agreement of this case”)

Defendant A entered into a credit guarantee agreement with the above content as security, and Defendant A (hereinafter “C”) around that time.

(3) A loan of KRW 50 million (hereinafter referred to as “instant first loan”) under the pretext of a general loan.

(2) On August 17, 2009, the Plaintiff entered into a credit guarantee agreement between Defendant A and the credit guarantee principal of KRW 150 million, and the credit guarantee period from August 17, 2009 to August 16, 2010 (the guarantee period was changed to August 9, 2019) (hereinafter referred to as the “credit guarantee agreement of this case”) (hereinafter referred to as the “credit guarantee agreement of this case”). The Defendant A obtained a loan of KRW 150 million from Defendant A as security for general financing loans (hereinafter referred to as the “loan of this case”).

3) At the time of the conclusion of each credit guarantee agreement of this case, Defendant B jointly and severally guaranteed all indemnity obligations that Defendant A owes to the Plaintiff pursuant to the above credit guarantee agreement of this case. 4) According to each credit guarantee agreement of this case, where the Plaintiff performed the guaranteed obligation, the Defendants shall pay to the Plaintiff ① the amount paid by the Plaintiff for the performance of the guaranteed obligation, ② the penalty, ② the expenses incurred in the performance of the guaranteed obligation, ② the expenses incurred in the preservation, transfer and exercise of the right acquired by the performance of the guaranteed obligation, ③ the premium paid by the Plaintiff on behalf of the Plaintiff, ③ the expenses incurred in the execution, preservation

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation are attributable to the occurrence of the Defendant A’s credit guarantee accident.

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