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(영문) 울산지방법원 2016.02.16 2015가단50377

구상금

Text

1. Defendant A, Defendant B, Defendant C, and Defendant E shall be jointly and severally liable to the Plaintiff, and KRW 251,002,182 among them and KRW 248,156.

Reasons

1. Basic facts

A. (i) On June 30, 2010, the Plaintiff entered into a credit guarantee agreement between the Defendant Company A (hereinafter referred to as the “Defendant Company”) with respect to the loans for general working capital to the new bank of the Defendant Company, which is set forth on June 28, 2013 as the guaranteed amount amount of KRW 285,00,000 and the guaranteed term of KRW 285,000,000, and the guaranteed term of June 28, 2013 (hereinafter referred to as the “credit guarantee agreement”). Defendant C and the former representative director of the Defendant Company jointly and severally guaranteed all the obligations under the credit guarantee agreement against the Plaintiff of the Defendant Company.

Shed Defendant Company was loaned KRW 300,000,000 from the new bank on July 1, 2010.

Consolidated Credit Guarantee Agreement was extended from June 28, 2013 to June 27, 2014.

x) The Defendant Company caused a bad credit accident on November 4, 2013, and the Plaintiff paid the principal amount of KRW 270,000,000 to the new bank on February 14, 2014 at the request of the new bank by subrogation of KRW 2,943,665.

(v)the interest rate in arrears determined by the credit guarantee agreement is 12% per annum, and the unpaid balance out of the expenses paid by the Plaintiff at its expense in order to preserve the claim for reimbursement due to subrogation is 1,304,418 won.

⑹ 원고는 피고회사로부터 합계 24,787,554원을 회수하여 대위변제원금에 충당하였고, 대위변제금 잔액 및 위 회수금에 따른 확정지연 손해금은 아래와 같다.

1H 272,943,665 24,787,554 248,156,11 1,541,653

B. (i) As to the part of the instant real estate owned by Defendant C, Defendant C, on February 28, 2014, entered into a mortgage agreement (hereinafter “mortgage agreement”) with Defendant F, which constitutes a maximum debt amount of 60,000,000 square meters, as to the portion of 1/2 shares out of the 6942 square meters of G forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S. (hereinafter “instant real estate”). Based on such agreement, Defendant F, as the U.S. District Court No. 19521, Mar. 3, 2014.