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(영문) 부산지방법원 2016.02.17 2015가합44581
구상금
Text

1. The Plaintiff:

A. As to the Defendant A and C’s joint and several liability amounting to KRW 900,495,457 and KRW 897,795,317.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement, etc. (1) with the guarantee request of Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”), and issued a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”) as listed in the table Nos. 1 and 2 below, to the National Bank. Defendant C jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff pursuant to the credit guarantee agreement of this case, and Defendant B and D, pursuant to the credit guarantee agreement of this case, jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff.

The term of guarantee for the date of guarantee is changed on February 5, 2014, February 7, 2014, February 201, 2014; February 8, 201; January 31, 2012; February 5, 2013; and the term of guarantee was changed on three occasions, and the term of guarantee after the change is February 7, 2014.

E on November 24, 2015, November 2014, 2015, the period of guarantee was changed on November 3, 2015, and the period of guarantee after the change is November 3, 2015.

According to the above credit guarantee agreement, when Defendant A fails to perform the principal obligation within the period for the performance of the principal obligation, Defendant A pays a penalty for attempted penalty in accordance with the rate (2.1%) set by the Plaintiff (Article 3) to the Plaintiff with respect to the amount of the guaranteed obligation in the event that the principal obligation is not performed within the period for the performance of the principal obligation (Article 3). In the event that the Plaintiff performs the guaranteed obligation, Defendant A pays to the Plaintiff the amount for the performance of the guaranteed obligation, the amount for delay in accordance with the rate set by the Plaintiff (12%) as determined by the Plaintiff, and the legal procedure cost.

(Article 10). (3) Defendant A received each loan from a national bank of KRW 300,00,000,000 on February 12, 2009 as listed below, and KRW 1,40,000,000 on November 5, 2013.

F. F 1,40,000,000 National Bank East-dong Branch on February 12, 2009 e 300,000,000 National Bank East-dong Branch on November 5, 2013

B. Occurrence of a credit guarantee accident and the plaintiff's subrogation (1).

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