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(영문) 서울중앙지방법원 2015.01.07 2014가합540497
구상금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several 323,531,605 won and 120,149,380 won among them.

Reasons

1. Basic facts

A. On January 30, 2009, the Plaintiff (hereinafter “Defendant A”) on January 30, 2009.

B) From the perspective of the foregoing, the above company entered into a credit guarantee agreement with the Bank on January 30, 2014, which provides a guarantee for the payment of the principal and interest of loan, 65,500,000 won guaranteed for the payment of the principal and interest of loan, and issued a letter of credit guarantee pursuant thereto. Defendant A received a loan of KRW 70,000,000 from the Bank as security on January 30, 209 (hereinafter “the first loan”).

(2) On the other hand, Defendant B entered into a credit guarantee agreement between Defendant A and Defendant A on January 30, 2009 with respect to all of the obligations owed by Defendant A to the Plaintiff according to the said credit guarantee agreement (hereinafter “Defendant A”), and the Plaintiff borrowed KRW 100,000 from Korea bank as collateral on January 29, 2010 in order to guarantee the payment of the principal and interest of loan, for the said company’s loan from Korea bank, and entered into a credit guarantee agreement on January 29, 2010 (the later credit guarantee term was extended on January 24, 2014), and issued a credit guarantee agreement accordingly, and Defendant A received a loan of KRW 100,000,000 from Korea bank as collateral.

(hereinafter “the second loan”). On the other hand, Defendant B provided a joint and several surety for all obligations owed by Defendant A to the Plaintiff according to the said credit guarantee agreement.

3) On March 6, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A on March 6, 2009, which provides a guarantee for the payment of the principal and interest of loan amounting to KRW 133,00,000,000 and March 10, 2014 for the guarantee of the repayment of the principal and interest of loan, and Defendant A received a loan of KRW 140,000,000 from the Bank as collateral (hereinafter “third loan”).

On the other hand, Defendant B is a joint and several surety for all the obligations owed by Defendant A to the Plaintiff in accordance with the above credit guarantee agreement.

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