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(영문) 서울고등법원 2016.07.26 2015나2056411
구상금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. Each credit guarantee agreement and joint and several guarantee 1) between the Plaintiff and A Co., Ltd., and the Plaintiff on October 31, 2008, the Plaintiff is a stock company A (hereinafter “A”).

between the credit guarantee principal and 1.2 billion won, and the credit guarantee agreement between October 2008 and October 2009 (hereinafter “instant agreement”).

B) On the same day, Pursuant to the instant arrangement, A concluded a guarantee amount of KRW 1.2 billion (1.5 billion in the amount of loan, KRW 80%) and the guarantee term of October 30, 2009 (the later guarantee term was changed by December 16, 2014).

(A) issued a letter of credit guarantee, and A loaned KRW 1.5 billion from the Industrial Bank of Korea as security (hereinafter referred to as “instant first loan”).

(2) At the time, C and B jointly and severally guaranteed the Plaintiff’s obligation under the instant arrangement. 2) The Plaintiff entered into a credit guarantee agreement between A and January 30, 2009 with the credit guarantee principal of KRW 375 million, and the credit guarantee period from January 30, 2009 to January 28, 2010 (hereinafter “instant agreement”) (hereinafter “instant agreement”). On the same day, Pursuant to the instant agreement, C and B entered into a credit guarantee agreement between A and A, and issued a credit guarantee agreement between A and January 28, 2010 (the last period of guarantee was changed until January 24, 2014), and A received the loan amount of KRW 50 million from the Industrial Bank of Korea as collateral (hereinafter “Industrial Bank of Korea”).

At the time, C and B jointly and severally guaranteed the obligation to be borne by A to the Plaintiff pursuant to the instant arrangement 2.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation on January 24, 2014 notified the Industrial Bank of Korea of the occurrence of a credit guarantee accident due to the principal and delayed payment of A, and on February 28, 2014, the Industrial Bank of Korea subrogated the amount of KRW 1,57,34,503 in total of the principal and interest of the first and second loans to the Industrial Bank of Korea.

C. The instant donation contract between C and the Defendant.

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