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(영문) 서울동부지방법원 2016.11.25 2015가단124126
구상금
Text

1. The defendant shall be jointly and severally with the non-party corporation B and C and 209,770,955 won and 208,844,830 won among them.

Reasons

1. Basic facts

A. The first credit guarantee agreement 1) The plaintiff is a stock company B on March 17, 2006 (hereinafter referred to as the "non-party company") and the non-party company.

The term of a credit guarantee agreement between March 17, 2006 to March 16, 2007 is the first agreement between the credit guarantee agreement with the credit guarantee principal of KRW 255,00,000 (hereinafter referred to as the "first agreement"), and the first agreement between March 17, 206.

After the conclusion of the Credit Guarantee (Guarantee Number D) and then issued the Credit Guarantee (Guarantee Number D) to the head of the branch office of the Bank, and the non-party company received a loan of KRW 300 million from the said bank (hereinafter referred to as the “first loan”).

(2) On March 8, 2010, an auditor E, who holds 50% of the representative director C and shares of the non-party company, has jointly and severally guaranteed the Plaintiff’s liability for indemnity against the non-party company. (2) The foregoing agreement changed the terms and conditions of credit guarantee as follows. On March 8, 2010, the Defendant taken office as the auditor of the non-party company on March 8, 2010, and on March 31, 2010, guaranteed 1/2 of the guaranteed amount under the first agreement amended as follows (E was exempted from the joint and several surety on the same day), and thereafter extended the joint and several surety period each year by March 6, 2015.

On March 14, 2008, 200, 200,000 won on March 14, 2008, 200,000 won on March 14, 2008, when the period of guarantee of the date and time of alteration expires, or on March 13, 2009, March 13, 2009: (a) a special agreement on March 11, 201, 200,000 won on March 31, 201, around March 31, 201, around 201:

On March 31, 2010, the Plaintiff entered into a credit guarantee agreement between the non-party company and March 11, 2011, with the credit guarantee term from March 31, 2010 to March 11, 201, with the principal of the credit guarantee (hereinafter referred to as the “second agreement”) and then issued a credit guarantee (guarantee Number F) to the head of the bank distribution branch in Korea. The non-party company was granted a loan of KRW 136,00,000 from the said bank as security.

(hereinafter referred to as "the second loan"). The defendant is a joint and several surety for the second agreement on the same day.

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