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(영문) 창원지방법원진주지원 2014.09.17 2013가합4510

구상금

Text

1. The Plaintiff:

A. As to KRW 93,464,785 and KRW 93,210,203 among Defendant A, Defendant A, from November 18, 2013 to January 8, 2014.

Reasons

1. Basic facts

A. (1) On June 27, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A with a term of 28,000,000 won for loans, the guaranteed principal of 23,800,000 won, and the term of June 26, 2013 for a credit guarantee agreement (hereinafter “the first credit guarantee agreement of this case”).

(2) On October 25, 2012, Defendant A entered into a credit guarantee agreement (hereinafter “the second credit guarantee agreement of this case”) with Defendant A with the amount of KRW 100,000,000 as the loan amount, KRW 85,000,00 as the guaranteed principal, and KRW 85,00,000 as the guaranteed principal as of October 24, 2013. Defendant A jointly and severally guaranteed Defendant A’s obligation based on the said credit guarantee agreement, and Defendant A borrowed KRW 100,00,000 from a company bank pursuant to the said credit guarantee agreement at that time.

3) At the time of each credit guarantee agreement of this case, Defendant A and the joint guarantor agreed that “where the Plaintiff performed the guaranteed obligation, Defendant A and the joint guarantor immediately agreed that the Plaintiff shall pay to the Plaintiff the amount of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the unpaid guarantee fee, delayed guarantee fee, and penalty, etc.” The overdue interest rate determined by the Plaintiff is 12% per annum from December 1, 2012 to the end of 12% per annum. (B) Defendant A and Defendant C entered into a mortgage agreement with Defendant C on March 28, 2013 on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on each real estate owned by the Defendant C as indicated in the separate sheet (hereinafter “each real estate of this case”). As to each real estate of this case, the debtor, Defendant C, the maximum debt amount, 150,000,000 won.