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(영문) 서울중앙지방법원 2014.12.17 2014가합548941
구상금
Text

1. The Plaintiff:

A. Defendant A, B, and D are jointly and severally liable for KRW 509,129,894 and KRW 476,605,006 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee contract on April 6, 2005, the Plaintiff Company A (hereinafter “Defendant A”).

A) As to Defendant A’s loan obligations to the Federation of Agricultural Cooperatives, Defendant A entered into a credit guarantee agreement with the credit guarantee principal of KRW 40,000,000, and the credit guarantee period from April 6, 2005 to April 5, 2006 (hereinafter “the instant contract”). Afterwards, the part related to banking business among the credit businesses of the National Agricultural Cooperative Federation was divided and succeeded to the rights and obligations regarding the divided portion from the National Agricultural Cooperative Federation.

A) Around December 2013, Defendant A’s Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) between Defendant A and Defendant A (hereinafter “Korea Exchange Bank”).

) As to the credit guarantee obligation to Defendant, a credit guarantee contract was concluded with the credit guarantee principal of KRW 470,00,000, and the credit guarantee period from December 10, 2013 to December 9, 2016 (hereinafter the aforementioned contract concluded as above is “instant 2 guarantee contract” and “each of the instant respective guarantee contracts” in addition to the first guarantee contract and the instant 1 guarantee contract.

2) Defendant D and Defendant B, a internal director of Defendant A, jointly and severally guaranteed all the obligations owed to the Plaintiff by Defendant A under each of the instant guarantee agreements, and Defendant C jointly and severally guaranteed all the obligations owed to the Plaintiff by Defendant A under the instant guarantee agreement.

3. At the time of each of the instant guarantee contracts, when the Plaintiff, Defendant A, and joint and several sureties have performed their respective guaranteed obligations due to Defendant A’s failure to pay the loan obligations, Defendant A and joint and several sureties shall pay to the Plaintiff the amount of performance of the guaranteed obligations, damages in accordance with the interest rate set by the Plaintiff, expenses incurred in the performance of the guaranteed obligations, expenses incurred in the performance of the guaranteed obligations, expenses incurred in the preservation, transfer

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