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(영문) 대전지방법원 2018.10.25 2018가단213184
구상금
Text

1. The defendant shall be jointly and severally and severally with Company B for KRW 144,238,432 and KRW 144,238,266 among them.

Reasons

1. In fact, the Plaintiff entered into a credit guarantee agreement with respect to the principal and interest of loans to be paid by B (the representative director, Defendant, and Company) upon receiving the following loans, and issued a credit guarantee statement to the Bank as indicated below:

At the time of the above credit guarantee agreement, the defendant jointly and severally guaranteed the plaintiff with respect to all indemnity obligations of the company.

On August 21, 2016, the date of guarantee of the content of the letter of guarantee No. 1 of the former Section 1, the date of guarantee of the content of the letter of guarantee of the content of the letter of guarantee No. 2, the date of August 21, 2013, the company extended the guarantee period for the change of the conditions of the No. 1, 200,000,000 loan of KRW 25,00,000,000 on August 9, 2019 on the loan of KRW 20,000,000,000 from August 20, 2014, the company paid to the Plaintiff the subrogated amount and the amount of the loan borrowed from banks under the above credit guarantee certificate to August 16, 2018, with the interest rate of 170,000,0000,0000,0000,0000,000 interest rate and interest rate of delay, etc. from the date of payment (10).

The Company was granted a loan of KRW 200,000,000 as security for the first guarantee on August 22, 2013 from banks, and KRW 25,00,000,00 as security for the second guarantee on August 12, 2016.

On November 24, 2017, the company lost the benefit of the period of the loan due to the occurrence of a credit guarantee accident due to a natural object. The banks filed a claim against the Plaintiff for the performance of the guaranteed obligation under the above credit guarantee certificate, and the Plaintiff paid the amount of KRW 12,738,244 on March 23, 2018 by subrogation of the company (132,109,115, 12,738,244) by subrogation of the company, and collected KRW 609,093 from the company, and appropriated the amount of the first guarantee payment by subrogation to the first guarantee payment by subrogation, and the amount of the first guarantee payment by subrogation is KRW 131,50,022.

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