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(영문) 서울고등법원 2018.11.01 2018나2040646
구상금 등
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. Basic facts

A. The Plaintiff is a juristic person established pursuant to the Credit Guarantee Fund Act with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability and facilitating the financing of the enterprise, and by establishing sound credit order through efficient management and operation of credit information. 2) The Defendant is a representative of D (in-house director), C is a person who actually operates D, and is a representative of A (in-house director) and the representative of B.

B. Plaintiff’s credit guarantee 1) concluded an agreement with A to guarantee the payment of “small and Medium Enterprise Loans” to the Industrial Bank of Korea until May 31, 2012 (i.e., the loan rate of 80%, the estimated amount of loan of 200,000, and the term of guarantee until May 31, 2012) with the term of guarantee of the payment of the “loan for Small and Medium Enterprise Loans” with A Industrial Bank of Korea by setting the guarantee rate of 80% of the loan amount, the estimated amount of loan of 1,400,000, and the term of guarantee to the Plaintiff as of May 25, 2017. Meanwhile, the Plaintiff concluded a credit guarantee agreement with B to guarantee the payment of the respective debt guaranteed by B to B, the term of guarantee of the loan of 1,400,000,000, and each of the credit guarantee agreements with B, the term of guarantee of the respective debt guaranteed by B, the term of 2015,05.7.

3) Pursuant to the aforementioned credit guarantee agreement with the Plaintiff, A and B entered into an agreement with the Industrial Bank of Korea on loans for small and medium enterprises and on loans for financing business purchases, respectively. (c) Business purchases loans 1).

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