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(영문) 대전지방법원 2015.11.24 2015가단220013
구상금
Text

1. The Defendants jointly hold office for the Plaintiff KRW 39,973,263,370,406 as to the Plaintiff’s KRW 39,973,263,370,406. From April 15, 1980 to July 28, 1982.

Reasons

1. Facts of recognition;

A. Defendant A was loaned KRW 10,00,00 with loan installment savings from the Korean Commercial Bank on August 1, 1978 and KRW 3,759,80 from the Seoul Trust Bank on August 24, 1979. ② Promissory Notes with a face value of KRW 3,759,800 at the face value and KRW 2,776,400 at the face value on September 4, 1979, and KRW 3,00 at the face value and KRW 2,915,00 at the face value on August 17, 1979, and KRW 3,900 at the face value and KRW 3,903,00 at the face value on September 1, 1979; and KRW 4,583,500 at the face value and KRW 1,500 at the face value on September 1, 197, respectively.

B. At the time of each of the above loans extended by Defendant A, the Plaintiff concluded a credit guarantee agreement with the above Defendant, and issued a written credit guarantee agreement, and agreed to pay 25% damages for delay on the amount subrogated by the Plaintiff due to the occurrence of a credit guarantee accident, and at the same time, pay the unpaid principal of the loan with 15% penalty per annum from the day following the expiration

C. The Plaintiff, upon the occurrence of a credit guarantee accident due to the delinquency in the payment of each of the above loans by Defendant A, subrogated to the Korea Commercial Bank for KRW 4,431,95 on July 23, 1980, KRW 6,754,344 on April 15, 1980, and KRW 6,937,127 on April 16, 1980.

At the time of each credit guarantee agreement between the Plaintiff and the Defendant A, Defendant B and C jointly guaranteed the obligation to pay indemnity to the Plaintiff.

E. The plaintiff filed a lawsuit against the defendants for the payment of the above indemnity amount and rendered a favorable judgment in each of the claims amounting to the Seoul Crown District Court 84Gahap6334, Cheongju District Court 95Kadan1255, and Daejeon District Court 2005Kadan11609, which became final and conclusive around that time, and thereafter, received part of the above indemnity amount from the defendant A and C.

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