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(영문) 서울중앙지방법원 2016.11.23 2016가단5071849
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 367,261,610 and the period from February 26, 2016 to June 3, 2016.

Reasons

Facts of recognition

On September 5, 201, the credit guarantee agreement, joint and several guarantee agreement, and the renewal thereof between the Plaintiff and C Co., Ltd., and the term of the guarantee was 400 million won, and the term of the guarantee was 500 million won (80% of the loan amount) after concluding the credit guarantee agreement until September 5, 2012.

The Defendants jointly and severally guaranteed all obligations owed to the Plaintiff by the credit guarantee agreement.

The credit guarantee agreement and the joint and several guarantee agreement were concluded by Defendant A, a representative director, on behalf of the said company, in a single contract made under the title of the "credit guarantee agreement", in a way that the Defendants sign and affix their seals on the "principal" column and sign and affix their seals on the "joint and several guarantors" column.

The above company obtained a limit of KRW 500 million from the Industrial Bank of Korea as security a credit guarantee letter on the same day.

On August 16, 2012, the company and the Defendants submitted to the Plaintiff an application for change of credit guarantee terms and conditions with the same amount as the previous one, and the term of guarantee until September 5, 2013, signed and sealed or signed as the applicant and joint guarantor. The Plaintiff received a notice of change of credit guarantee terms and conditions and a notice of change of credit guarantee terms and conditions between the Industrial Bank of Korea and the Industrial Bank of Korea at that time.

Plaintiff

In addition, the above company and the Defendants have renewed the credit guarantee agreement and joint and several guarantee agreement in the same manner annually, and accordingly, on August 6, 2013, the amount guaranteed is KRW 384 million, the term of guarantee is until September 5, 2014, and on August 25, 2014, the term of guarantee is KRW 376 million, the term of guarantee is until September 4, 2015, and on August 28, 2015, the term of guarantee is changed to KRW 368 million, and the term of guarantee is as of September 2, 2016.

On January 18, 2016, the occurrence of a guarantee accident and a credit guarantee accident caused the company's delinquency in paying the above loan. On February 26, 2016, the Plaintiff paid to the Industrial Bank of Korea a total of KRW 370,255,230,000 in total, KRW 370,255,230 in total, and collected KRW 2,93,620 in total.

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