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(영문) 수원지방법원 2014.08.29 2013가단108996
구상금
Text

1. The Defendants: (a) each of the Plaintiff KRW 58,990,500, and as to the Defendants B from December 12, 2013 to December 2, 2014.

Reasons

1. Basic facts

A. On September 23, 2011, Nonparty D Co., Ltd. (hereinafter “E”) changed its trade name with Nonparty D Co., Ltd. (hereinafter “E”) entered into a credit guarantee agreement with the Gyeonggi Credit Guarantee Foundation to provide credit guarantee services (hereinafter “the instant credit guarantee agreement”) with the terms of providing credit guarantee services, setting the guarantee principal as KRW 170 million, guarantee period as of September 21, 201 with respect to loans, etc. owed by Nonparty Co., Ltd. (hereinafter “the instant credit guarantee agreement”).

Plaintiff

On the same day, the Defendants jointly and severally guaranteed the obligation of indemnity to be borne by the non-party company in accordance with the credit guarantee agreement of this case.

B. On September 23, 201, Nonparty Company submitted a credit guarantee statement under the instant credit guarantee agreement to a new bank, and received a loan of KRW 188 million from the new bank under the guarantee of the Gyeonggi Credit Guarantee Foundation.

(hereinafter “instant loan”). C.

On March 1, 2013, due to overdue interest, etc., the company lost the benefit of time on March 1, 2013, and the Gyeonggi Credit Guarantee Foundation subrogated for KRW 173,820,198 to the new bank on July 31, 2013.

On October 2013, the Gyeonggi Credit Guarantee Foundation filed a lawsuit against the Plaintiff and the Defendants claiming compensation for the amount of subrogated payment. The Plaintiff, in consultation with the Gyeonggi Credit Guarantee Foundation during the process of the lawsuit, made a payment by subrogation to the Gyeonggi Credit Guarantee Foundation totaling KRW 176,971,50,00 from November 29, 2013 to December 11, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, barring any special circumstance, the Defendants are liable to pay the Plaintiff, who jointly and severally guaranteed under the credit guarantee agreement of this case, repaid the liability for reimbursement to the Gyeonggi Credit Guarantee Foundation, with each of the 58,990,00 won (176,971,50 won x 1/3) and damages for delay.

3...

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