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(영문) 대전지방법원 2018.01.10 2016가합2554
구상금
Text

1. The plaintiff, Ga.

Defendant Agricultural Partnership A shall pay KRW 1,187,157,369 out of KRW 2,896,272,284 and the said money.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract (hereinafter “each guarantee contract of this case” as set out in attached Table 1 with Defendant Agricultural Partnership A (hereinafter “H”) and the following [Attachment 1] (hereinafter “each guarantee contract of this case,” and individually, “the first and second guarantee contract of this case.”). H obtained a loan (hereinafter “the instant loan”) from the National Agricultural Cooperative Federation Egsan-si Branch (hereinafter “Ssan-si Branch”) as set forth below [Attachment 2] as security for the said guarantee contract.

[Attachment 1] From June 30, 200 to November 1, 2004 from June 30, 2004 to November 1, 2004 from June 1, 2004, one year [Attachment 2] from June 30, 2004 to June 360, 300,000,000 credit guarantee relating to the rate of delay payment as of June 30, 204 to the rate of delay payment as of June 30, 200, June 14, 2005 to guarantee contract of guarantee contract of 1.24,000,000,000,000,000 on November 2, 2004 to November 14, 2005.

B. The deceased G (hereinafter “the deceased”) and the Defendant B jointly and severally guaranteed the obligation under each guarantee agreement against the Plaintiff by H, and the Defendant C jointly and severally guaranteed the obligation under the second guarantee agreement against the Plaintiff by H.

C. The Plaintiff paid KRW 325,383,350 pursuant to the first guarantee agreement of this case on June 30, 2006, and KRW 905,082,890 on behalf of H pursuant to the second guarantee agreement of this case.

On the other hand, on July 5, 2006, the Plaintiff sent to the Deceased, H, and Defendant B, and September 22, 2006, a content-certified mail indicating the intent to urge the Defendant C to perform the obligation of indemnity due to the Plaintiff’s subrogation. The above content-certified mail reached the Deceased and the said Defendants around that time.

On October 2, 2006, the Plaintiff applied for a payment order against the Deceased, H, Defendant B, and Defendant C seeking compensation for subrogation, and issued a payment order with the following content (hereinafter “instant payment order”). The above payment order was issued on October 8, 2006 by Daejeon District Court 2006 tea13908. The above payment order was issued on November 8, 2006 against the Deceased and the said Defendants.

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