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(영문) 수원지방법원 2016.03.31 2015가단113374
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 534,023,139 and KRW 428,784,378, respectively, from May 13, 2014 to July 72.

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

(1) On July 1, 2009, when the Defendant Company obtained a loan from the Industrial Bank of Korea, it provided a credit guarantee to the above Bank within the scope of guarantee period of KRW 400,000,00 (the first guarantee period shall be changed to June 27, 2014) (the first guarantee period shall be changed to 360,000,000,000), which is guaranteed for payment of principal and interest of the loan, for the purpose of securing payment of the loan principal and interest of small and medium enterprise loans, and on December 21, 2009, the Defendant Company provided a credit guarantee to each of the above banks within the scope of guarantee period of KRW 425,00,00,00 (the first guarantee period shall be changed to 360,000,000,000), and on behalf of the Bank of Korea for the purpose of securing payment of the loan principal and interest of the loan, each of the above Plaintiff Company provided a credit guarantee guarantee obligation to the Bank within the scope of guarantee period of KRW 25,0,0,00,20,20.

3) On March 29, 2013, the Defendant Company lost the benefit due to overdue interest, but failed to repay each of the principal and interest of the loan. On May 13, 2014, the Plaintiff paid KRW 428,784,378 to the Bank on behalf of the Defendant Company, and KRW 369,864,875 to the Bank on May 30, 2014. 4) The Plaintiff collected KRW 194,780,582 on January 7, 2015 from the auction procedure, etc. on the Defendant Company’s property, and then appropriated each of the said KRW 194,780,582,582, from among the said KRW 186,524,524 on substitute payment, etc.

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