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(영문) 서울중앙지방법원 2014.08.28 2013가단5032263
구상금
Text

1. Defendant A Co., Ltd and B jointly and severally with the Plaintiff KRW 85,206,513 and KRW 84,306,13 among them shall be jointly and severally filed against the Plaintiff on March 5, 2013.

Reasons

1. Basic facts

A. (1) Defendant A Co., Ltd. (hereinafter “Defendant A”) applied for a loan of small and medium enterprise funds to the Plaintiff’s Intervenor, and concluded a credit guarantee agreement with the Plaintiff.

The plaintiff's assistant intervenor, a business entrusted by the plaintiff, requested the defendant company and the joint guarantor to prepare a credit guarantee agreement.

Defendant B, the representative director of the Defendant Company, has taken related documents, prepared a credit guarantee agreement such as affixing a seal imprint affixed to the joint and several sureties, and attached a certificate of the personal seal impression of Defendant B and C as a joint and several sureties.

(2) The main contents of the Credit Guarantee Agreement are as follows.

The credit guarantee principal: The credit guarantee period of KRW 80 million: From September 30, 2009 to September 27, 2010: The creditor: (a) the Industrial Bank of Korea’s death branch (3) issued the credit guarantee certificate to the Defendant Company on September 30, 2009 pursuant to the instant credit guarantee agreement, which was September 27, 2010, and the Defendant Company received a loan from the Intervenor.

B. (1) On September 27, 2010, the term of guarantee of the instant credit guarantee agreement expires, Defendant Company drafted an application for change of the terms and conditions of credit guarantee to extend the term of guarantee for one year, and Defendant B signed and sealed as joint and several sureties.

(2) On September 27, 2011, Defendant Company prepared an application for change of the credit guarantee condition with the term of guarantee changed to September 27, 2012, and Defendant B signed and sealed as joint and several sureties.

C. (1) On September 27, 2012, the Defendant Company lost the benefit of time due to delinquency in paying the principal for the loan to the Plaintiff’s Intervenor. The Plaintiff subrogated for KRW 84,306,13 to the Plaintiff’s Intervenor on March 5, 2013 upon the Plaintiff’s request for the performance of the guaranteed obligation.

(2) The next day of guarantee with respect to loans to the Intervenor joining the Plaintiff.

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