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(영문) 서울서부지방법원 2015.07.17 2014가단243466
구상금
Text

1. The Plaintiff:

A. Defendants A, B, and C are jointly and severally liable for 728,966,627 won and 69,464,783 won among them.

Reasons

1. Facts of recognition;

A. In receiving a loan from each creditor bank as listed in the table below, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff to provide a credit guarantee for the respective principal and interest obligation of Defendant B and Defendant C (hereinafter “Defendant Company”) by the respective joint and several sureties, and received the above credit guarantee agreement from the Plaintiff.

Serial No. 203-12-08 200,000,000 170,000,000 201-12-12-02-12-08 Enterprise Ordinary Loan 2F National Bank 201-07-01, 500,500, 375,275,000, 000 375,275,000 202-203-12-08 Enterprise General Funds Loan 2F Bank 201-141, 201, 300, 201-29-29-07-01

B. In receiving loans from creditor banks as listed below, Defendant D entered into a credit guarantee agreement with the Plaintiff on the joint and several debt guarantee of Defendant A, Defendant B, and Defendant Company that the Plaintiff would provide credit guarantee for the repayment of the principal and interest of the loan to Defendant D by the due date of guarantee, and received the above credit guarantee certificate from the Plaintiff.

Serial No. 2013-05-29 2012-30, 2700, 2700, 000, 2000, 2013-29, 2013-29, 2013-29, 2012-05-30, 3 G enterprise financing loans in the primary obligation, the primary obligation of which is the principal obligation of the guaranteed principal obligation.

C. According to each credit guarantee agreement between the Plaintiff, Defendant A, and Defendant D, when the Plaintiff fulfilled the guaranteed obligation due to the nonperformance of the obligation to each creditor bank by Defendant A and Defendant D, Defendant A and Defendant D shall pay the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages for delay calculated by multiplying the amount of the performance of the guaranteed obligation by the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the obligation, the expenses incurred in the preservation, transfer, and exercise of the right

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