beta
(영문) 서울중앙지방법원 2017.04.28 2016가합561382

약정배분금

Text

1. The Defendant: (a) KRW 227,110,515 to the Plaintiff; and (b) KRW 5% per annum from October 27, 2016 to April 28, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract with the Plaintiff and A and loans 1) with the Industrial Bank of Korea on April 20, 207; on March 2, 2009; and on April 26, 2012, the Plaintiff entered into each credit guarantee contract with A to guarantee the obligations for loans to the Industrial Bank of Korea (hereinafter collectively referred to as “each credit guarantee of this case”).

(2) On March 2, 2009, the loan of 200,000 small and medium enterprise loan of 130,000,000,000 promotion fund loan of 47,000,000,000 on April 20, 207, the amount guaranteed by the No. 1200,000 loan of 130,000,000 loan of 143,100,000 small and medium enterprise loan of 159,00,000 on April 26, 2012, A received from the Industrial Bank of Korea each of the above loans of 30,000,000 loan of 159,00,000,000 credit guarantee loan of 159,000,000 each of the above loans under each credit guarantee contract of this case as collateral without taking account of each credit guarantee loan of 20,00,000 won.

B. 1) A entered into the instant contract for the transfer of collateral security right (hereinafter “instant factory”) with the Industrial Bank of Korea listed in the separate sheet in order to secure a loan obligation to A including each of the instant loans.

With respect to the registration of creation of a mortgage of KRW 3,600,000 on December 30, 2005, and KRW 144,000,000 on April 28, 2006, respectively, the registration of creation of a mortgage of KRW 636,00,000 on June 29, 2007 (hereinafter “mortgage”) was completed, and the registration of creation of a mortgage of KRW 636,00,000 on June 29, 2007 (hereinafter “mortgage”).

(2) The Plaintiff lost the benefit of time due to the Plaintiff’s failure to repay the principal and interest of loans. On September 17, 2014, the Plaintiff subrogated for KRW 347,669,764 to the Industrial Bank of Korea under each credit guarantee of the instant case, and on the same day, the amount of subrogated payment from the Industrial Bank of Korea was KRW 347,669,764.