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(영문) 서울중앙지방법원 2015.11.19 2015가합518664
구상금 등 청구의소
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff Credit Guarantee Fund KRW 288,930,221 and KRW 246,62,629 among them.

Reasons

1. Facts of premise;

A. The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded each loan agreement with the Bank of Korea and Han Bank (hereinafter “Co., Ltd.”) as indicated in the following table “loan Agreement” and received each loan, and concluded each credit guarantee agreement with the Plaintiff and the Plaintiff’s Intervenor (hereinafter “Plaintiff”) for the purpose of each loan agreement with the Plaintiff and the Plaintiff’s Intervenor’s Credit Guarantee Fund.

(1) On February 2, 2012, the guarantee period of the other party’s loan (cost) as of the date of the credit guarantee agreement No. 450,000,000 Korean Bank’s general capital on February 1, 2012; from February 1, 2012 to May 31, 2012, the Defendant Company changed the guarantee period from February 1, 2012 to 207,00,000 won as of August 26, 2013 to 30,50,000 won as of August 26, 2013; from August 26, 2013 to 30,50,000,000 won as of August 26, 2013 to 20, 2013; and from August 25, 2014 to 13, 2014.

B. On the date of the conclusion of each of the above guarantee agreements, A’s joint and several sureties jointly and severally guaranteed the indemnity liability owed by the Defendant Company to the Plaintiff Credit Guarantee Fund in accordance with the respective guarantee agreements.

(c) The occurrence of a credit guarantee accident and the person who receives the subrogation of the Plaintiff Credit Guarantee Fund.

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