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(영문) 제주지방법원 2015.02.06 2014가단15193
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 322,566,392 and KRW 93,198,690 among themselves.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement between the network E and ① the amount guaranteed on March 30, 1995; ② the credit guarantee agreement between March 31, 1995 and December 31, 2014 (hereinafter “the first credit guarantee agreement”); ② the amount guaranteed on March 30, 1995; and ② the credit guarantee agreement between March 31, 1995 and December 31, 2004 (hereinafter “the second credit guarantee agreement”); respectively, the Defendant A and B signed a joint and several liability guarantee agreement between the network E and the Plaintiff based on the respective credit guarantee agreement.

B. The Deceased was granted a loan of KRW 67.9 million, KRW 64,895,00, and KRW 6495,000, respectively, as a security, from a hostile Agricultural Cooperative; however, the Deceased was not fully paid the principal and interest thereof. In accordance with the first credit guarantee agreement on May 14, 199, the Plaintiff paid KRW 50,412,583, and KRW 44,739,663, respectively, based on the second credit guarantee agreement.

C. Since then, part of the amount of subrogation under the first credit guarantee agreement would have been repaid until April 27, 2009, and the principal would remain at KRW 48,459,027. As to the said amount, 119,824,660 and 658,610 were respectively incurred from April 28, 2009 to October 14, 2014.

Meanwhile, with respect to the above subrogated amount of KRW 44,739,63 based on the second credit guarantee agreement, KRW 108,220,952, and KRW 260,847, and KRW 402,633, respectively, were incurred from May 14, 199 to October 14, 2014.

On May 3, 2009, the Deceased died after having left Defendant C and his wife as his wife, Defendant D.

However, on August 19, 2009, Defendant C and D were tried to accept the report on the re-approval of inherited property by Jeju District Court 2009Mo310.

【Fact that there is no dispute over the ground for recognition (Defendant C, D) and evidence Nos. 1 through 4, and 2-1 through 4

2. According to the above facts of recognition, Defendant A and B are jointly and severally liable to pay each amount indicated in the text as joint and several suretys of each of the above credit guarantee agreements. Defendant C and D are the deceased’s successors.

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