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(영문) 서울중앙지방법원 2018.10.11 2017가합586470
구상금 및 사해행위취소 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,097,164,728 and KRW 334,853,398 among them.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 18 (including, if any, various numbers; hereinafter the same shall apply) and Eul evidence 1, either in full purport of the entire pleadings:

1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”).

As between the two, each credit guarantee agreement (hereinafter collectively referred to as "each credit guarantee agreement of this case") shall be deemed as follows:

(1) Guarantee number of the first credit guarantee agreement between March 26, 2015 and March 25, 2016: Guarantee amount: 368,000 won: (a) The principal of the Bank of Korea shall be changed to guarantee amount of KRW 460,200,000; (b) The extension of guarantee amount of KRW 331,20,000 to the Plaintiff on March 23, 2018; (c) the guarantee number of the second credit guarantee agreement of KRW 205: D: the guarantee period of KRW 46,00,000; and (d) the extension of guarantee amount of KRW 30,000 to the Plaintiff on May 17, 2016; and (e) the extension of guarantee amount of KRW 360,50,000; and (e) the extension of guarantee amount of KRW 205,50,000; and (e) the extension of guarantee amount of KRW 205:30,505,5,5019.

B. The occurrence of a credit guarantee accident and the principal of each of the above loans by Defendant A on June 7, 2017, which occurred due to the occurrence of a credit guarantee accident and the Plaintiff’s subrogation.

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