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(영문) 서울서부지방법원 2016.07.01 2015나37348
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Defendant’s joint and several liability obligations of each of the instant joint and several liability obligations against the Plaintiff A (hereinafter “A”).

(1) On November 24, 2006, to extend the repayment period of the existing loan to the Industrial Bank of Korea, which is a major trading bank, the Bank shall be granted a loan of KRW 3,786,00,000 in the form of exchange loan. As to this, the Plaintiff’s credit guarantee period on the same date was determined after November 23, 2007 as follows: (i) November 21, 2008; (ii) November 20, 2009; (iii) November 19, 2011; (iv) November 18, 2011; (v) the Industrial Bank of Korea was issued as the credit guarantee limit of KRW 30,00 until the end of the credit guarantee period; (v) the Industrial Bank of Korea was issued as the credit guarantee period of KRW 30,000; and (v) the Industrial Bank of Korea was extended to the end of the credit guarantee period of KRW 30,308,014.

(1) The defendant was a joint and several surety under the plaintiff's credit guarantee (hereinafter referred to as the "first joint and several surety of this case") with respect to the defendant's indemnity obligation under the plaintiff's credit guarantee as the representative director of A.

2) On July 30, 2008, A was granted a loan of KRW 800,000 to extend the due date for existing loans to the new bank in the form of a re-loan. As to this, after July 29, 2009, the Plaintiff extended the due date by the end of June 30, 2010; June 30, 2011; June 29, 2012; June 28, 2013; June 28, 2013; January 24, 2014; and March 31, 2014;

By the end, the guarantee limit was set at KRW 680,00,000, and a new bank issued a credit guarantee certificate (hereinafter “the second credit guarantee of this case”) to the new bank, and A received the above money from the new bank on the same day, and the Defendant provided a joint and several guarantee for the claim obligation of A under the Plaintiff’s credit guarantee (hereinafter “the second joint and several guarantee”).

3 A is another existing on February 17, 201 with respect to the Industrial Bank of Korea.

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