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(영문) 서울중앙지방법원 2016.09.30 2015가단5259086

구상금

Text

1. Defendant A and B jointly and severally file for the Plaintiff KRW 122,901,82 with respect to the Plaintiff and the foregoing, from July 30, 2015 to September 10, 2015.

Reasons

1. Basic facts

A. Credit transaction agreement and joint and several sureties 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”) on December 26, 2013.

B Between the credit limit amount to KRW 200,00,000, and the credit transaction agreement between the credit limit amount to KRW 200,000 and the expiration date of the credit shall be March 26, 2014, and 7.1410 per annum (hereinafter “instant credit transaction agreement”).

According to the credit transaction agreement in this case, 11% per annum is calculated by adding the interest rate as well as the additional interest rate to the delay rate, and 7% per annum if the delay period is less than 3 months, and 8% per annum if the delay period is more than 3 months. 2) The Defendant B, the representative of the Defendant Company, entered into a limited guarantee agreement between the Plaintiff and the Plaintiff on the same day to jointly and severally guarantee all obligations that the Defendant Company currently and future, within the limit of 240,000,000, due to transactions under the credit transaction agreement in this case.

3) Of the loans under the instant credit transaction agreement, KRW 35,00,000 on April 29, 2015, and KRW 20,000 on July 30, 2015, the remaining principal of the loan remains 122,901,822 won as of July 30, 2015. (b) Defendant B and Defendant C on January 19, 2015, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(2) As to the establishment of a mortgage, each Jeju District Court entered into a mortgage contract with respect to the establishment of a mortgage, and each Jeju District Court entered into a registration of the establishment of a mortgage, the maximum debt amount of KRW 100,000,000,000, and the establishment of a mortgage (hereinafter “mortgage contract of this case”), Defendant C, the mortgagee of the right to collateral security (hereinafter “mortgage contract of this case”), and the establishment of a mortgage of this case (hereinafter “registration of establishment of a

(3) [Reasons for Recognition] A. A. Each entry, including a serial number, and the purport of the entire pleadings.

2. According to the facts of the determination as to the claim for indemnity, the Defendant Company and B shall jointly and severally serve as the Plaintiff the amount of KRW 122,901,82 of the amount of indemnity and the said amount.