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(영문) 서울남부지방법원 2016.11.24 2015가합102973
손해배상(기)
Text

1. Defendant Incorporated Incorporated Company A and B jointly share KRW 265,775,669 on June 16, 201 with respect to the Plaintiff and the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.

Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Company”), and Defendant C is a person who has registered his business under the trade name “D”.

B. 1) The Plaintiff entered into a credit guarantee agreement with the Defendant Company on May 21, 2009, and the Defendant Company’s National Bank Co., Ltd. (hereinafter “National Bank”) (hereinafter “National Bank”).

) The Plaintiff entered into an agreement with the effect that the loan obligation to be borne by the Plaintiff is a credit guarantee. The key contents of the said credit guarantee agreement are as follows: (a) the term of guarantee of the guaranteed principal E 285 million won from May 21, 2009 to May 20, 2010; (b) the Plaintiff changed the term of guarantee by November 18, 201, as requested by the Defendant Company, into an agreement with the effect that the principal of the said credit guarantee agreement is KRW 250 million; and (c) the term of guarantee by November 18, 2011.

(C) The above credit guarantee agreement, regardless of whether it is before or after the amendment (hereinafter referred to as the “instant credit guarantee agreement”).

The Plaintiff issued a credit guarantee certificate to the Defendant Company in accordance with the above credit guarantee agreement, and the Defendant Company concluded an agreement with the National Bank to lend a corporate purchase loan with the National Bank, and submitted the said credit guarantee certificate to the National Bank.

The National Bank from March 7, 201 to the same year in accordance with the above loan agreement.

5. By December 23, 200, a total amount of KRW 340 million was loaned to the Defendant Company for corporate purchase funds (hereinafter “instant loan”). D.

On May 26, 2011, the Plaintiff Company caused a credit guarantee accident due to the check of the number of units, and the Plaintiff subrogated to the National Bank on June 15, 201 in accordance with the instant credit guarantee agreement (the amount equivalent to the Plaintiff’s guarantee ratio out of the outstanding principal of the Defendant Company’s outstanding loan amount of KRW 300 million).

(e) loan of corporate purchase funds under relevant regulations;

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