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(영문) 부산지방법원 2015.06.10 2014가합43772
구상금
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 1,363,342,775, and KRW 1,016,939,826.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s each credit guarantee agreement with Defendant A to guarantee the performance of the obligation to repay loans (hereinafter “each guarantee agreement of this case”).

(1) Upon receipt of a credit guarantee agreement of this case, Defendant A entered into a contract with the Industrial Bank of Korea and Busan Bank, which received a loan from the Industrial Bank of Korea and Busan Bank under the credit guarantee agreement of this case. The details of each guarantee agreement of this case and the loan agreement of this case are as follows. The amount of the loan agreement of this case as of the date of loan of guarantee principal on the date of guarantee principal on the date of credit guarantee is extended by April 30, 201, which is KRW 340 million (which is extended by April 25, 2014) and KRW 40 billion on April 30, 2010 (which is extended by April 29, 2014) to compensate the Plaintiff for the amount of damages incurred by the Plaintiff from the date of performance of the guarantee agreement of each of this case by the date of performance of the guarantee obligation of each of the Plaintiff’s repayment agreement and damages incurred by each of the Plaintiff as of March 29, 2013 (the extension to March 28, 2014).

3) Defendant B jointly and severally guaranteed all obligations under each of the instant guarantee agreements against the Plaintiff by Defendant A. B. The occurrence and scope of the claim for reimbursement 1) the credit guarantee accident of Defendant A occurred on November 11, 2013. Accordingly, the Plaintiff subrogated to the Busan Bank Co., Ltd. on March 12, 2014, and to the Industrial Bank of Korea on March 13, 2014, each of the loan principal and interest that Defendant A failed to pay to the Plaintiff.

The details shall be as follows:

The amount receivable out of the legal procedure cost paid by the Plaintiff for the preservation of the above claim for reimbursement, etc. is KRW 34,259,640 won in the Industrial Bank of Korea E 34,259,640 won in the amount of KRW 343,259,649,640 in the amount of KRW 16,939,826 won in Busan Bank D 1,000,000,000 won, Busan Bank D 1,000,000 won.

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