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(영문) 서울중앙지방법원 2016.12.15 2016가합524826
구상금 등
Text

1. As to the Plaintiff’s joint and several costs of KRW 264,968,675 and KRW 147,221,676, Defendant A and B, respectively, from August 24, 2015.

Reasons

1. Basic facts

A. The Plaintiff and Defendant A’s credit guarantee agreement and Defendant B’s joint and several sureties 1) are the credit guarantee agreement with Defendant A and the Plaintiff, on December 26, 2008, with the term of the credit guarantee on December 24, 2009, with the guaranteed principal of KRW 76,000,000 (hereinafter “the first credit guarantee agreement”).

(B) On December 28, 2009, the term of credit guarantee on December 29, 2008 is the credit guarantee agreement with the guaranteed principal amount of KRW 95,00,000 (hereinafter “the second credit guarantee agreement of this case”).

The Bank of Korea (hereinafter referred to as “Corporate Bank”) shall, after entering into each of the following subparagraphs:

) In the future, each of the above credit guarantees was issued, and the defendant A provided a corporate bank with each of the above credit guarantees, and the loan amounting to KRW 80,000,000 from the corporate bank on December 26, 2008, and KRW 100,000,000 on December 29, 2008 (hereinafter “the corporate bank loan”).

(2) Upon receipt of the instant credit guarantee agreement, the term of credit guarantee and the guaranteed principal under the instant first and second credit guarantee agreement were modified several times after the conclusion of each credit guarantee agreement. Ultimately, the term of guarantee under the instant first and second credit guarantee agreement was modified to KRW 68,00,000 on December 18, 2015, respectively. The term of guarantee principal was changed to KRW 76,50,000 on December 24, 2015, respectively. (2) The Plaintiff and Defendant A, the guaranteed principal of which was 42,50,000 won on February 9, 201, and each of the credit guarantee agreements (hereinafter referred to as the “third credit guarantee agreements”) was issued with each of the instant credit guarantee agreements as the national credit guarantee agreements (hereinafter referred to as “the principal of each of the instant credit guarantee agreements”) with each of the instant credit guarantee agreements as the national credit guarantee agreements (hereinafter referred to as “the instant credit guarantee agreements”).

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