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(영문) 서울중앙지방법원 2016.10.27 2015가합562128
구상금
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 2,200,563,064 and KRW 1,423,483,075 among them.

Reasons

The judgment of the claim against Defendant A, B, and C is as shown in attached Form 3.

The following facts may be acknowledged by comprehensively taking into account the following facts: (a) there is no dispute between the parties, or the evidence Nos. 1 through 9, 13, 14, and 19, the evidence No. 10 (including the serial number, and unless otherwise specified; hereinafter the same shall apply); (b) the result of the appraisal commission made by the appraiser A on June 21, 2016; (c) the result of the appraisal commission made by the appraiser G on June 21, 2016; and (d) the result of each order to submit financial transaction information to the Yeongdeungpo-dong Saemaul Depository and the Southern Saemaul Depository, as well as the result of each order to submit financial transaction information to the Southern Saemaul Bank and the purport of all pleadings:

The Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) on April 29, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. on October 29, 2010, with the guarantee term of KRW 1,280,000,000, and the guarantee term of KRW 29,000 (which is extended on January 9, 2015) on October 29, 2010; on April 25, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. on April 25, 2017 with the guarantee term of KRW 943,50,000,000, and each of the credit guarantee agreements with Defendant A Co., Ltd. on January 10, 2014 with each of the above credit guarantee agreements with Defendant A Co., Ltd. on the guarantee term of each of the above credit guarantee agreements with each of the aforementioned parties (hereinafter referred to as “Defendant A”).

On the other hand, Defendant A shall pay in addition to the amount of subrogated payment made by the Plaintiff when the Plaintiff performs the guaranteed obligation under each credit guarantee agreement of this case and the expenses incurred in executing or preserving the claim.

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