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(영문) 서울고등법원 2019.08.08 2019나2006667

구상금 등

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 5, 2014, the Plaintiff entered into a credit guarantee agreement and a loan agreement (hereinafter “the instant credit guarantee agreement”) with the company as a guarantor, C as a joint guarantor, and C as a joint guarantor, with the guaranteed amount of KRW 850,000,000,000, loan for small and medium enterprises under loan subjects, and the term of guarantee on November 5, 2015 (the change to November 4, 2016).

A provided a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, and was loaned KRW 1,00,000,000 from the Industrial Bank of Korea on November 18, 2014.

The terms of the credit guarantee agreement of this case are 10% per annum for the Plaintiff’s performance of the guaranteed obligation, damages for delay calculated by the Plaintiff’s interest rate, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the preservation, transfer, and exercise of rights.

B. The occurrence of a credit guarantee accident, and the Plaintiff’s subrogation, around September 27, 2016, caused a credit guarantee accident that causes the Plaintiff to lose the benefit of time. On November 7, 2016, the Plaintiff, upon receiving a claim for the discharge of guaranteed liability from the Industrial Bank of Korea, subrogated to the Industrial Bank of Korea KRW 855,455,954 for the principal and interest of loan in accordance with

On the other hand, A paid KRW 83,830 with additional guarantee fee to be paid to the Plaintiff, and the remaining substitute payment is KRW 8,034,722 (the amount remaining after appropriating KRW 37,128 out of the legal procedure cost incurred to preserve the claim for reimbursement).

C. On June 30, 2016, A completed the registration of transfer of ownership on the ground of a sales contract (hereinafter “instant sales contract”) dated June 17, 2016 with respect to the instant real estate, which is one’s active property, to the Defendant under Article 28934 for receipt of the competent registry office of the Daejeon District Court.

(1) The maximum debt amount on May 2, 201, 2000. < Amended by Act No. 60063, May 2, 2011>