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(영문) 서울서부지방법원 2015.04.02 2014가단214109
구상금
Text

1. The Plaintiff:

A. Defendant A and Defendant B jointly and severally share KRW 58,081,087 and KRW 33,931,169.

Reasons

1. The Defendants asserted that the instant lawsuit is unlawful as it goes against the agreement on the withdrawal of the lawsuit, first of all, as to the instant safety defense. However, there is no evidence to acknowledge this. Therefore, the Defendants’ aforementioned assertion is without merit.

2. As to the merits

A. Fact 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

B) As indicated below, each credit guarantee agreement was concluded by setting forth each amount indicated in the “the principal of the credit guarantee” as “the first contract date.” The Defendant Company issued each credit guarantee certificate from the Plaintiff and borrowed each amount indicated in the “loan amount” column as indicated below from each bank as “loan institution.” The guarantee period of the credit guarantee certificate under the subsequent modified contract was modified as of each date indicated in the “final guarantee period.” The guarantee period of the credit guarantee certificate was modified by each credit guarantee agreement, including each credit guarantee agreement added up to the content of the modified contract, as well as each other credit guarantee agreement.

(2) On November 29, 2012, Korea bank 50,000,000 Won 2 (Guarantee No. 50,000,000 Korean Bank on November 29, 2012, under the instant credit guarantee agreement, on May 10, 2013, when the Defendant Company fails to repay the principal and interest of the loan to the lending institution, it shall pay to the Plaintiff the amount of the principal and interest of the loan in accordance with the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the Plaintiff until the date of repayment of the guaranteed obligation, the expenses incurred in preserving, transferring and exercising the right acquired by the Plaintiff through performance of the guaranteed obligation, unpaid guarantee fees, penalty, etc., under the instant credit guarantee agreement on May 10, 2013; and the Defendant Company’s joint and several liability guarantee agreement on May 10, 2013.

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