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(영문) 서울중앙지방법원 2014.12.11 2014가합540565
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 1,532,288,326 and KRW 1,141,148,77.

Reasons

1. Basic facts

A. On August 7, 2007, the Plaintiff entered into a credit guarantee agreement and loan 1) between the Plaintiff and Defendant A Co., Ltd. with the name of “E”, and the Plaintiff issued the credit guarantee agreement between the Defendant B, who operates an individual enterprise, with the credit guarantee principal of KRW 255,00,000, and the credit guarantee period from August 7, 2007 to August 6, 2008 (hereinafter “the first credit guarantee agreement of this case”). On the same day, the Plaintiff was issued the credit guarantee agreement between the Plaintiff and the Defendant B, which provides the credit guarantee principal of the credit guarantee amount of KRW 255,00,00,000, and the principal of the loan amount of the Bank as KRW 300,000,00 (85%) by August 6, 2008, the Bank received the above credit guarantee amount of KRW 300,000,00 from the Industrial Bank of Korea.

B) After Defendant A Co., Ltd. (hereinafter “Defendant A”)

(2) Defendant B acquired the above loan obligation from the Industrial Bank of Korea. The surety of the first credit guarantee agreement of this case changed the respective terms and conditions until August 1, 2014, respectively. 2) The Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant B (E) on May 19, 2010, with the credit guarantee principal of KRW 1,141,60,000, and the credit guarantee period from May 19, 201 to May 18, 201 (hereinafter “the second credit guarantee agreement of this case”).

(B) On the same day, the Industrial Bank of Korea concluded a credit guarantee agreement with Defendant B (E) and the surety issued the loan amount of KRW 1,141,60,000,000 for the Bank of Korea; until May 18, 2011, the term of the loan was 1,427,00,000 (Guarantee Rate 80%); Defendant B submitted the said credit guarantee agreement and received the loan amount of KRW 1,427,00,000 from the Industrial Bank of Korea; and Defendant A took over the above loan obligations that Defendant B borrowed from the Industrial Bank of Korea.

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