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(영문) 대전지방법원 2014.08.21 2013가합100761
구상금 등 청구의소
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 478,958,456 and KRW 478,424,396 among them.

Reasons

1. Facts of recognition;

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) On November 3, 2011, the Plaintiff and Defendant Company received each loan from a new bank, and the Defendant Company’s credit guarantee agreements (hereinafter “each of the instant credit guarantee agreements”) on two occasions to secure the repayment of the principal and interest of the loan (hereinafter “each of the instant credit guarantee agreements”) and distinction by sequences.

The credit guarantee agreement and the details of loans are as listed below. The credit guarantee agreement and the details of loans are as follows. The amount of loans extended to the bank on the date of guarantee term of the guaranteed loan, which is the date of an agreement for a credit guarantee agreement, shall be KRW 300 million on November 3, 201, which is KRW 300 million on November 3, 201, which is KRW 180 million on November 3, 201, which is KRW 300,000 on KRW 180,000 on November 2, 201, 201, which is KRW 200 million on November 3, 201. According to each credit guarantee agreement of this case, the company shall pay damages for delay from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation by the Plaintiff.

B. At the time of concluding each credit guarantee agreement in the instant case, Defendant B and C’s joint and several sureties jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the credit guarantee agreement.

C. The Defendant Company caused a credit guarantee accident on November 2, 2012 due to the occurrence of a guarantee accident and the repayment of the principal and interest of the loan, arrears, and substantial closure of the business. (2) On February 14, 2013, the Plaintiff subrogated to the new bank for KRW 305,192,465 according to the instant first guarantee agreement, and KRW 183,345,041 according to the instant second guarantee agreement.

After that, this case.

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