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(영문) 창원지방법원 2019.01.16 2017가단106773
구상금
Text

The defendant shall be jointly and severally and severally with the plaintiff Eul, C, D, and E, KRW 267,477,937 and KRW 267,477,493 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special law established pursuant to the Credit Guarantee Fund Act with the aim of guaranteeing the obligation of a company which has weak capacity as security with the government contributions to a financial institution to guarantee the financial soundness of the company, thereby leading to a balanced national economic development.

B. 1) The Plaintiff is a debtor corporation B (hereinafter “B”).

(ii) BF Bank M&D branch (hereinafter referred to as “bank”);

In order to secure the payment of the principal and interest of the loan, the credit guarantee shall be made to the bank within the limit of 265,000,000 won of the principal and interest of the loan and the credit guarantee shall be made on behalf of the plaintiff to the bank on behalf of the plaintiff (hereinafter referred to as the "credit guarantee agreement of this case").

A) The contract was concluded [a written credit guarantee review] [a written credit guarantee agreement] / [a credit guarantee agreement] / [2] The contents of the credit guarantee review document (Evidence No. 4-1) prepared by the Plaintiff at the time of entering into a credit guarantee agreement with B, a credit guarantee agreement (Evidence No. 1-2, hereinafter referred to as the "instant agreement"), and a credit guarantee agreement (Evidence No. 8) applied to the Plaintiff's business affairs are as follows:

C. At the time, the Defendant (former, G: G) who was the representative director of B at the time guaranteed all obligations owed by B to the Plaintiff in the context of the instant credit guarantee agreement between the Plaintiff and B.

In addition to the defendant, C, D, and E also jointly and severally guaranteed.

1 The Plaintiff on June 7, 2012

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