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(영문) 부산지방법원동부지원 2013.11.12 2012가단210621
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., B, C, D, and E are jointly and severally 1,005,509,687 won and 1,005,508 thereof.

Reasons

1. Facts of recognition;

A. On May 29, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the guaranteed principal amount of KRW 1,00,000,000,000, and the guarantee term of KRW 28,010 (hereinafter “the first credit guarantee agreement”). Defendant B, C Co., Ltd. (hereinafter “Defendant C”), D, and E jointly and severally guaranteed all the obligations such as indemnity obligations against the Plaintiff under the said guarantee agreement.

B. Defendant A, based on the first credit guarantee agreement on the same day, submitted to the Industrial Bank of Korea a letter of credit guarantee issued by the Plaintiff (hereinafter “the first credit guarantee agreement”) (hereinafter “the first loan agreement”) and agreed to obtain a loan of KRW 1,000,000,000 from the above bank (hereinafter “the first loan agreement”), and received the above money around that time.

C. On December 12, 2011, the Plaintiff entered into a credit guarantee agreement between Defendant A and the guaranteed principal of KRW 493,00,000,00, and the term of guarantee as of December 12, 2012 (hereinafter “second credit guarantee agreement”). Defendant B, C, D, and F Co., Ltd (hereinafter “Defendant F”) under the said guarantee agreement jointly and severally guaranteed all the obligations, such as indemnity obligations, against the Plaintiff.

On December 16, 2011, Defendant A entered into a contract with the Bank to obtain a loan of KRW 580,000,000 from the said Bank (hereinafter “the second loan contract”) by submitting a credit guarantee letter (the loan of small and medium enterprise funds and the guaranteed amount: KRW 493,00,000; hereinafter “the second credit guarantee letter”) issued by the Plaintiff based on the second credit guarantee agreement (hereinafter “the second loan contract”) and received the said money around that time.

E. When Defendant A lost profits from loans owed to the Industrial Bank of Korea due to the suspension of current account transactions on September 13, 2012, the Plaintiff on October 19, 2012: (a) the principal and interest of the loans extended to the Industrial Bank of Korea under the first credit guarantee agreement, plus the principal and interest of the loans extended to the Industrial Bank of Korea on October 19, 2012: 1.

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