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(영문) 서울중앙지방법원 2018.10.12 2017가단5101402

구상금 등

Text

1. As to KRW 20,531,345 and KRW 20,140,629 among the Plaintiff, Defendant A’s year from March 17, 2017 to June 15, 2017.

Reasons

1. Basic facts

A. On June 2015, the Plaintiff is between Defendant A and Defendant A, Defendant A, Ltd., and Defendant A, a bank outside the Republic of Korea (hereinafter referred to as “Korea Standards Bank”).

(2) In receiving a loan from the Plaintiff, the term of credit guarantee was set at June 2, 2016 to guarantee the payment of the principal and interest of the loan, and the term of credit guarantee was set at KRW 20,00,000, and the term of credit guarantee was set at as of June 2, 2016. In the event that the Plaintiff performed the guaranteed obligation on behalf of the Defendant A, the Defendant A entered into a credit guarantee agreement with the effect that ① its amount, and damages determined by the Plaintiff, ② the insurance premium paid on behalf of the Plaintiff, ③ the expenses incurred in the preservation, transfer, and exercise of the rights acquired by the Plaintiff, ③ the execution and preservation of the claims under the above agreement, and the expenses incurred in legal proceedings therefor, etc. On June 2, 2015, the Plaintiff extended the term of credit guarantee to KRW 20,000,000 and KRW 200,000,000,000 from the bank as a collateral for the credit guarantee agreement.

(c) Defendant A lost the benefit of the time limit for the above loan obligation due to a default of national taxes, etc. on September 1, 2016, and Defendant A was unable to repay the above loan to the above bank. Defendant A performed the guaranteed obligation by paying the principal and interest of loan amount of KRW 20,214,259 on March 17, 2017 by subrogationing Defendant A, but on March 17, 2017, Defendant A recovered KRW 73,630 on the same day, and appropriated the subrogated amount of KRW 20,140,629 (= KRW 20,214,259 – KRW 73,630,00 in total to compensate for the claim for reimbursement against other loan claims.