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Reasons
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(영문) 창원지방법원 2016.01.15 2014가단81293
구상금
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1. The Plaintiff:

A. As to KRW 164,934,141 and KRW 160,749,814 among them, Defendant A shall be from August 31, 2010 to November 29, 2010.

Reasons

1. Basic facts

A. On December 15, 2006, the Plaintiff entered into a credit guarantee agreement with the non-party company C (hereinafter “non-party company”) as follows on December 15, 2006 with respect to the principal and interest of loan to be borne by the non-party company by receiving a loan from the corporate bank. Defendant A, the representative director of the non-party company, guaranteed the obligation to be borne by the non-party company to the Plaintiff according to the following credit guarantee agreement:

(hereinafter referred to as each credit guarantee agreement shall be specified by the sequence). The Guarantee Date Nos. 102,00,000 won as joint and several sureties A, the principal debtor guaranteed by the Guarantee Number Guarantee Date,

B. On April 30, 2008, the Plaintiff entered into a credit guarantee agreement between the non-party company on April 30, 2008 with the amount of security deposit of KRW 297,50,000. Defendant A and his wife jointly and severally guaranteed the obligation to be borne by the non-party company to the Plaintiff under the said credit guarantee agreement.

On April 30, 2008, F297,500,000 won Non-Party A and B, a joint and several surety guaranteed by the date of guarantee.

C. On August 31, 2010, the Plaintiff subrogated for KRW 103,724,607 in accordance with the credit guarantee agreement, and KRW 129,65,759 in accordance with the credit guarantee agreement, and KRW 300,710,440 in accordance with the credit guarantee agreement.

On March 14, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant B (name of enterprise: C) on March 14, 2011 with the guaranteed amount of KRW 360,000,000. The Defendant A jointly and severally guaranteed such agreement.

In this case, loans received through the above credit guarantee (3) shall be 300,710,440 won by subrogation based on the credit guarantee agreement and 24,336,948 won by subrogation, and 34.

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