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(영문) 서울중앙지방법원 2015.11.26 2015가합539975
구상금 및 사해행위취소 등 청구의소
Text

1. The Plaintiff:

A. The defendant (Appointed Party) A and the appointed Party E Co., Ltd. are jointly and severally 281,408,99 and 220,398 among them.

Reasons

1. Facts of premise;

A. A. On August 14, 2009, the Industrial Bank of Korea concluded a credit guarantee agreement and the credit guarantee agreement for the other party’s loan guarantee period on the date of the credit guarantee agreement between the credit guarantee agreement and the joint guarantee agreement, and entered the loan agreement between the Plaintiff and the Plaintiff in the column of credit guarantee agreement with each of the credit guarantee companies (the Industrial Bank of Korea’s loan agreement between August 4, 2011 to August 12, 2009, 140 million and August 11, 2010, respectively, for the purpose of 169,000,000 won, and 52 million won, and from August 3, 2011 to August 3, 2012, the respective credit guarantee agreement between the Plaintiff and the Defendant Bank’s loan agreement between 16,000,000 won and 36,000,000,000 won, respectively.

Pursuant to the sequence below, ‘the first or third guarantee agreement' is the first or third guarantee agreement.

(2) At the time of the conclusion of each of the above guarantee agreements, Defendant E decided to reimburse the Plaintiff’s subrogated payment and the rate determined by the Plaintiff as to the subrogation payment (15% per annum until November 30, 2012, and 12% per annum from the following day).

After that, the guarantee conditions of each guarantee agreement are several times, and the guarantee conditions of the final first guarantee agreement were up to August 7, 2015. The guarantee conditions of the second guarantee agreement were up to 121,680,000 won of the guaranteed principal, and the guarantee period was up to July 31, 2015, and the guarantee period of the third guarantee agreement was up to December 4, 2014.

On the date of conclusion of each guarantee agreement, Defendant A jointly and severally guaranteed each obligation for indemnity under the above guarantee agreement of Defendant E, and Defendant B jointly and severally guaranteed each obligation for indemnity under the first and second guarantee agreement of Defendant E.

B. The occurrence of a credit guarantee accident and the plaintiff's subrogation.

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