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(영문) 서울중앙지방법원 2014.12.19 2014가합546303

구상금 등

Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 1,737,93,120 as well as KRW 1,725,092,667 as to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) on the obligation to repay the principal and interest of loans as follows, and Defendant B and C jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff pursuant to the respective credit guarantee agreement.

According to each of the above credit guarantee agreements, in a case where the plaintiff makes a substitute payment for the defendant company's failure to pay the loan, the defendant company shall pay the amount repaid by the plaintiff and the amount repaid by the plaintiff to the date of full payment. The defendant company shall pay to the plaintiff the damages for delay, additional guarantee fee, and legal procedure costs incurred by the plaintiff for the purpose of

on February 11, 2011,200,000 the Industrial Bank of Korea of February 11, 201, the Guarantee Principal Loans of the Guarantee Bank (the extension to February 8, 2013 thereafter) 800,000,0000,000 on March 12, 2012, 2002, the Industrial Bank of Korea of March 111, 201 (the extension to March 9, 2012 thereafter) Industrial Bank of Korea of 900,000,000

B. On May 15, 2014, the Defendant Company lost the benefit of time due to the Plaintiff’s failure to pay the above principal and interest of interest, and the Plaintiff subrogated to the Industrial Bank of Korea for KRW 1,725,092,667 (i.e., the First Guarantee Agreement KRW 810,917,150, KRW 914,175,517).

C. As to the above amount of subrogation, the Plaintiff spent KRW 6,763,895 as the expenses for the preservation of claims, and collected KRW 290,832 as the expenses for the preservation of claims (i.e., KRW 6,763,895 - KRW 290,832), and incurred KRW 6,427,390 as additional guarantee fees (i.e., KRW 3,576,980 as the first guarantee agreement 2,850,410).

The rate of damages for delay determined by the plaintiff is 12% per annum.

Meanwhile, on March 17, 2014, Defendant C donated to Defendant D the real estate indicated in the Disposition No. 2, one of its sole real estate (hereinafter “instant donation contract”) in excess of the debt, and completed the registration of transfer of ownership in Defendant D’s name.

recognized.