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(영문) 서울서부지방법원 2015.03.23 2014가단248751
구상금
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally 450,123,648 won and 111,245,959 won among them.

Reasons

1. Facts of recognition;

A. On June 29, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”) by setting the coverage amount of KRW 320,000,000, and the guarantee period from June 29, 2010 to June 26, 2015 (hereinafter referred to as “first guarantee agreement”), Defendant B, C (hereinafter referred to as “C”), and D jointly and severally guaranteed the obligation under the said credit guarantee agreement with Defendant A on the same day, and thereafter, Defendant A issued a credit guarantee certificate issued by the Plaintiff and borrowed funds from the Korea CF Bank (hereinafter referred to as “Korea CF Bank”).

B. On May 27, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the coverage amount of KRW 128,00,000, and the guarantee period of KRW 127,000 from May 27, 201 to May 25, 2012 (hereinafter “instant guarantee agreement”), Defendant B, C, and D as of the same day, jointly and severally guaranteed the obligation under the said credit guarantee agreement of Defendant A, and thereafter, Defendant A issued a credit guarantee certificate issued by the Plaintiff and borrowed funds from Han Bank (hereinafter “One Bank”). At the request of the Defendants, the said guarantee period was changed to May 24, 2013, and was changed to May 23, 2014.

Therefore, the defendant D's assertion that there is no consent to the change of the term of guarantee is rejected.

Around August 24, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A by setting the guarantee amount of KRW 149,600,000 as the guarantee amount, and the guarantee period from August 24, 2012 to August 23, 2013 (hereinafter referred to as the “third guarantee agreement of this case”) from August 24, 2012, Defendant B, and C jointly and severally guaranteed the obligation under the said credit guarantee agreement of Defendant A on the same day, and thereafter Defendant A issued a credit guarantee certificate issued by the Plaintiff and borrowed funds from the Korea Cmat Bank.

The Defendants are the first, second, and third guarantee contracts of this case.

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