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(영문) 서울중앙지방법원 2016.11.25 2016가합523847
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 411,755,729 and KRW 106,986,356 among them, Defendant A and B shall be jointly and severally liable for damages incurred to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) As indicated below, the Plaintiff is the Defendant Company A (hereinafter “A”).

2) Each credit guarantee agreement between Defendant A and Defendant A (hereinafter referred to as the “each credit guarantee agreement of this case”) provides a guarantee for Defendant A’s obligation for loans.

Defendant A entered into a contract. Defendant A, based on each credit guarantee agreement of this case, received loans from Han Bank, 150,000,000 won on June 22, 2010 due to the due date for the change in the rate of guarantee of loans guaranteed on the date of each contract, and 90% on June 22, 2018; and Defendant A received loans from Han Bank, 150,000,000 won on January 15, 2013; 150,000,000 won on January 15, 2014; 150,000,000 won on January 315, 2016; 85,000,000 won on July 31, 2014; 60,60,000 won on July 30, 205; 60,60,605, Jan. 30, 2015

(2) At that time, Defendant A agreed to pay to the Plaintiff the amount of the obligation to compensate for each of the above loans when the Plaintiff received the notification of a credit guarantee accident from a credit guarantee creditor, and to pay the Plaintiff the amount of the obligation to compensate for the amount of the obligation to reimburse, ② the amount of the obligation to compensate for the amount of the obligation to repay, ② the rate determined by the Plaintiff from the date of performance of the obligation to fully repay the obligation to the date of performance of the obligation to compensate (12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from the following day to the date of performance of the obligation to compensate for the rights acquired from the performance of the obligation to compensate for

3) On the same day, Defendant A, the representative director of Defendant A, jointly and severally guaranteed the obligation owed to the Plaintiff by Defendant A in accordance with each credit guarantee agreement of this case. B. Han Bank Co., Ltd. (hereinafter “I Bank”)

A) On July 17, 2015, on the ground that the benefit of the due date for the second loan obligation has been lost, a national bank, a corporation (hereinafter “national bank”) shall be deemed to be a national bank.

on July 2015.

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