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(영문) 울산지방법원 2015.07.24 2014가단58299

구상금

Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 55,94,215 and KRW 55,645,585 among the Plaintiff. < Amended by Presidential Decree No. 25424, Jun. 30, 2014>

Reasons

1. Basic facts

A. (1) On August 30, 201, the Plaintiff concluded a credit guarantee agreement with the amount of security deposit 29.160,000 won for Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”).

Defendant B guaranteed the obligation owed by the Defendant Company to the Plaintiff in relation to the above credit guarantee.

On September 30, 2011, Defendant Company borrowed 36,450,000 won from “National Bank” under the above credit guarantee.

(2) On August 21, 2012, the Plaintiff concluded a credit guarantee agreement with the amount of security deposit 2,6240,000 won for the Defendant Company.

Defendant B guaranteed the obligation owed by the Defendant Company to the Plaintiff in relation to the above credit guarantee.

On August 28, 2012, Defendant Company received a loan of 32.8 million won from the National Bank under the above credit guarantee.

(3) Under each of the above credit guarantee agreements (hereinafter referred to as the "credit guarantee of this case"), if the plaintiff makes a subrogation for the defendant company in accordance with the credit guarantee, the defendant company and the B shall jointly and severally claim the amount of subrogation and the amount of damages for delay calculated by the ratio of 12% per annum to the plaintiff, legal procedure costs, etc.

(4) Around 2014, Defendant Company caused a credit guarantee accident, such as shortage of balance in the current account.

On June 30, 2014, the Plaintiff subrogated for KRW 55,645,585 on behalf of the non-party company under the credit guarantee of this case.

Legal procedural costs incurred in relation to the credit guarantee of this case are KRW 348,630.

B. (1) On October 1, 1994, Defendant B acquired the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) After Defendant B entered into a contract with Defendant C as of April 25, 2014 (hereinafter “instant contract”) with regard to the instant real estate, Defendant B registered the establishment of a neighboring mortgage, which is the maximum amount of claims KRW 85 million, Defendant B, and Defendant C, the debtor, and the mortgagee C, as of May 1, 2014.