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(영문) 서울고등법원 2016.10.21 2016나2002640

구상금 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The facts under each of the following subparagraphs are acknowledged as being a whole of the arguments in each entry in Gap evidence 1 to 8, including no dispute between the parties or with each other (hereinafter the same shall apply).

[1] The Plaintiff entered into a credit guarantee agreement with the Codefendant A Codefendant A Co., Ltd. of the first instance trial (hereinafter “A”); ① up to May 14, 201, the guaranteed amount of KRW 80,000,000, and the term of guarantee up to May 13, 201; ② the guaranteed counterpart Co., Ltd. as one bank; ② the guaranteed amount of KRW 508,00,000, and the term of guarantee up to December 11, 2013; ② the guaranteed amount of KRW 508,00,000, up to December 11, 2014; ③ the guaranteed counterpart Co., Ltd. as one bank; ③ the guaranteed counterpart Co., Ltd. as of March 17, 2014; the guaranteed amount of KRW 25,000,000, and the term of guarantee until March 16, 2015; and each other credit guarantee agreement stipulated the Industrial Bank of Korea as the other party.

A, the representative of A, B, has jointly and severally guaranteed the obligation under the above credit guarantee agreement that A bears to the Plaintiff.

A subject to the above credit guarantee agreement, loans of KRW 100,000,000 from Han Bank on May 24, 2010, and KRW 635,000,000 on December 13, 2013, respectively, and loans of KRW 300,000,000 from the Industrial Bank of Korea on March 19, 2014.

[2] On July 1, 2014, where a credit guarantee accident occurred due to delay in repayment of the principal and interest of each of the above loans, the Plaintiff is the same year.

7.31. Industrial Bank of Korea: 256,623,881 won, and the same year;

8. 29. The 594,515,065 won was subrogated to Han Bank Co., Ltd.

At present, the plaintiff has a claim against A and B such as subrogated payment of KRW 845,827,438 and delay damages.

[3] On April 10, 2014, B entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the real estate and the real estate listed in the attached Table 1 attached hereto (However, the real estate listed in the attached Table 1 is limited to the portion claimed in the claim) and completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) as of June 5, 2014 by the Seoul Southern District Court, Guro-gu, Seoul District Court (hereinafter “Seoul Southern District Court”).

B at the time of the conclusion of the instant sales contract.