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(영문) 서울중앙지방법원 2015.02.09 2013가단5146926
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 1,187,889,543 and KRW 1,070,521,640 among them, Defendant A and B shall be jointly and severally liable to the Plaintiff.

Reasons

1. Facts of recognition;

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

(2) On June 5, 2009, the Defendant Company entered into a credit guarantee agreement with the term of credit guarantee principal of 462,00,000,000 won and the term of guarantee until June 4, 2010. On the same day, based on the above agreement, the Defendant Company is a non-party C&T Bank of Korea (hereinafter “non-party Bank”).

(A) issued a credit guarantee statement with the above content for the obligation of KRW 462,00,000 to be loaned from the Corporation (hereinafter “the instant guarantee statement”).

(2) On July 2, 2012, the credit guarantee agreement was concluded by setting the credit guarantee principal of the credit guarantee principal of KRW 682,00,000, and the term of guarantee as of June 10, 2013, and on the same day, the Defendant Company is called Non-Party Korea Food and Drug Trade Corporation (hereinafter referred to as “Non-Party Korea Food and Drug Corporation”).

(3) The Defendant issued a credit guarantee statement with the above content for the obligation of KRW 682,00,000 to be loaned from the Plaintiff (hereinafter “instant 2 guarantee”).

(3) On July 2, 2012, a credit guarantee agreement was concluded by setting the credit guarantee principal of the credit guarantee principal of KRW 365,00,000, and the term of guarantee as of June 10, 2013. On the same day, based on the above agreement, the Defendant Company issued a credit guarantee certificate with the above content as to the obligation of KRW 365,00,000 to be loaned from Nonparty Corporation to Nonparty Corporation (hereinafter “instant third guarantee”).

2) According to each credit guarantee agreement of this case, in a case where the Defendant Company’s ground for registration of bad credit information under the “Credit Information Management Rules” of the Korea Federation of Banks (the Korea Federation of Banks), and where it deems it objectively necessary to preserve claims, the Defendant Company shall reimburse the amount guaranteed by the Plaintiff before performing the Plaintiff’s guaranteed obligation, and where the Plaintiff performs the guaranteed obligation, the Defendant Company and the guarantor shall pay the amount subrogated by the Plaintiff to the Plaintiff and from the date of subrogation to the date of full payment.

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