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(영문) 서울중앙지방법원 2021.01.15 2019가단5229946

구상금

Text

1. From April 26, 2019 to October 15, 2019, Defendant A paid KRW 182,007,020 to the Plaintiff and KRW 182,07,020 among them.

Reasons

1. Facts of recognition;

A. On January 26, 2015, the Plaintiff concluded an export credit guarantee agreement and concluded an export credit guarantee agreement with Defendant A, which operates a company called F, and entered into an export credit guarantee agreement with Defendant A to guarantee the repayment obligation of the loan principal to be borne by the Defendant A by obtaining a loan from G bank.

On January 26, 2019, Defendant A caused an accident of guarantee due to overdue interest on a loan, etc., and the Plaintiff subrogated the payment of the loan principal on April 25, 2019 upon the G Bank’s performance of the guarantee obligation.

As a result, a claim for indemnity is 186,268,888 won including 182,07,020 won in the loan principal and 4,261,868 won in total as of the date of the above subrogation.

B. Defendant A’s dispositive act entered in the separate sheet (hereinafter “instant real estate”), which is the only real estate owned by the Defendant A, entered into a mortgage agreement with Defendant B, the maximum amount of KRW 500,000,000 on November 23, 2018, and the debtor A, Defendant A, and Defendant B, Defendant B, a corporation of the right to collateral security, and completed the registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”). On the same day, Defendant B, as Busan District Court Branch Branch on November 23, 2018, registered on November 23, 2018 (hereinafter “instant right to collateral security”).

(B) On November 30, 2018, Defendant A and Defendant C entered into a mortgage agreement with Defendant C and the maximum amount of 500,000,000,000 won for the instant real estate, and the debtor A and the Defendant C and the Defendant C were to complete the registration of the establishment of the right to collateral security stated in paragraph (b). On the same day, Defendant C and C were to complete the registration of the establishment of the right to collateral security stated in paragraph (1). On December 17, 2018, Defendant D and E respectively entered into a mortgage agreement with Defendant D and E, respectively, with the maximum amount of the claim amount of KRW 93,435,750,97,000,000, and on the same day, the same day is subject to Section 2-C;

(d)

The registration of the establishment of the right of the party in each paragraph was completed.

As above, at the time when Defendant A entered into a contract to establish a right at a low price and made such contract, Defendant A shall have the negative property exceeded the positive property.