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(영문) 청주지방법원 2015.05.27 2014가단163307
구상금
Text

1. Defendant A and Defendant B jointly and severally owned by the Plaintiff KRW 1,838,904,595 and their portion

(a) 481,206,267 won;

Reasons

I. Part on Defendant A and Defendant B (Judgment by public notice)

1. Facts of recognition;

A. The Plaintiff’s legal status is a non-profit special corporation established under the Credit Guarantee Fund Act, which contributes to the development of the national economy by guaranteeing the obligation owed by an enterprise which lacks security power to a financial institution and facilitating its financing.

B. The Plaintiff, at the request of the Defendant Company A (hereinafter “Defendant Company”), issued a credit guarantee form as follows, and guaranteed the principal and interest to be borne by the Defendant Company in receiving the loan from the Bank of Korea, the New Bank, and the Korea Development Bank. Accordingly, the Defendant Company received a loan equivalent to the above amount from each of the above banks.

D E EF

C. The Plaintiff’s credit guarantee contract concluded between the Plaintiff and the Defendant Company, namely, the following credit guarantee agreement: “When the Plaintiff claims for the discharge of the guaranteed obligation due to the failure (including the loss of benefit of time) of the principal obligation (including the repayment of installment payments) due to the payment of the principal obligation (including the repayment of installment payments) due to the payment of the principal obligation (including the repayment of installment payments) due to the Defendant Company’s obligation, the Plaintiff entered into an agreement with the Defendant that “in the event that the Plaintiff performs the guaranteed obligation upon receiving a claim from the obligee for the discharge of the guaranteed obligation, the amount of the guaranteed obligation and the amount of damages due

Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff.

A claim for reimbursement was created on October 17, 2014, when a credit guarantee extension period was due to the failure to repay the loan after the execution of the above loan. The Plaintiff caused a credit guarantee accident on November 26, 2014, and the Plaintiff (one guarantee) to the Industrial Bank of Korea (one guarantee) on November 26, 2014, upon request for the performance of the guaranteed obligation of each of the above banks, and to the new bank (two guarantee) on December 161, 2014.

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