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(영문) 수원지방법원안양지원 2015.10.16 2015가단105825
구상금
Text

1. The plaintiff

A. As to the Defendant A and B’s joint and several liability amounting to KRW 295,373,881 and KRW 128,574,359.

Reasons

1. Claim against Defendant A, B, and D

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C

A. Basic facts 1) The Plaintiff entering into a credit guarantee agreement shall be the Defendant Company A (hereinafter “Defendant Company”).

(1) Between the date of issuance (i) February 10, 2012; the estimated amount of a loan of KRW 180,00,000; the guaranteed amount of KRW 162,00,000; the guaranteed amount of KRW 162,00,000; and the term of guarantee of KRW 162,00,000; and the term of guarantee of February 8, 2013 (amended to February 6, 2015); (ii) a financial institution’s corporate bank; (iii) May 30, 2013; (iv) a guaranteed amount of KRW 50,00,000; (v) a guaranteed amount of KRW 45,00,00; and (v) a guarantee term of KRW 45,00,00; and (v) a credit guarantee agreement is modified to each of the credit guarantee agreements (hereinafter “credit guarantee agreements”); and (v) a credit guarantee agreement is modified to each of the following terms:

(2) Defendant B and C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under each credit guarantee agreement of this case.

3) On April 27, 2015, the Plaintiff subrogated KRW 128,574,359 pursuant to the credit guarantee agreement of the instant case 2 and 3, and subrogated KRW 165,323,586 pursuant to the credit guarantee agreement of the instant case on April 30, 2015. Under each credit guarantee agreement of the instant case, the Defendant Company decided to pay not only the amount of subrogated to the Plaintiff, but also the amount of delay in accordance with the interest rate determined by the Plaintiff from the date of subrogated to the date of full payment, but also the expenses incurred in the execution, preservation, exercise, and other legal procedures of the penalty and the bonds (hereinafter “payment by subrogation”) incurred when the Plaintiff fails to perform the obligation within the due date of the principal obligation, and the amount of subrogated for each of the instant credit guarantee agreements of the instant case.

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