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(영문) 서울중앙지방법원 2014.12.16 2012가합541373

구상금 등 청구의 소

Text

1. Each of the defendant D, A's bankruptcy debtor A, and E's bankruptcy debtor E, who is the taking over of the lawsuit of the defendant D, A.

Reasons

1. Basic facts

A. Credit guarantee agreement and loan 1) Defendant D Co., Ltd. (hereinafter “Defendant Company”).

(1) The Plaintiff Foundation shall enter into a credit guarantee agreement between the Plaintiff Foundation and the third party (hereinafter referred to as the “each of the instant credit guarantee agreements”).

(1) The Plaintiff Company received a loan as collateral from each of the following financial institutions. The term of guarantee (the changed term) on the date of issuance of the letter of guarantee shall be 50,000,000 won in the loan amount of the guaranteed principal of a financial institution, which is 50,000,000 won in the F National Bank, 50,000,000 won in the second amount on May 27, 2014, and 47,50,500,000 G Enterprise Bank, which is 50,000,000 won in the second amount on April 14, 2014, and shall be 19, 200,000 won in the amount of the subrogated loan amount of the Plaintiff Company from 170,000,000 won in the first amount on April 19, 201 to 20, 200, 200, 200, 200, 2000, respectively.

A and E jointly and severally guaranteed all obligations that Defendant Company owes to the Plaintiff Foundation in accordance with each credit guarantee agreement in this case.

B. On May 29, 2012, the Defendant Company subrogated for the Plaintiff Foundation lost its interest due to overdue loans. On November 9, 2012, the Plaintiff Foundation subrogated for KRW 28,822,584 to the National Bank in accordance with each of the credit guarantee agreements of this case. On November 9, 2012, the Plaintiff Foundation recovered KRW 2,021,730 ( KRW 174,032,131) (the principal and interest of a loan under the secondary credit guarantee agreement) by subrogation for an enterprise bank, 206,305,36 (the principal and interest of a loan pursuant to the third credit guarantee agreement of KRW 32,273,205).

C. On July 11, 2012, A entered into a sales contract with Defendant C on July 1, 2012, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property (hereinafter “instant real estate”) is sold at KRW 75 million.