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(영문) 울산지방법원 2019.12.10 2019가단107547

구상금

Text

1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 394,486,513 and KRW 256,542,94 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”) as follows, and issued a credit guarantee agreement pursuant to the said credit guarantee agreement.

Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s indemnity liability against the Plaintiff relating to the instant credit guarantee agreement.

According to the above credit guarantee agreement, in the event that the Plaintiff fulfills the guaranteed obligation due to the occurrence of a guarantee accident, such as loss of the benefit of the deadline for the Defendant Company, the Defendant Company shall pay to the Plaintiff the amount of performance of the guaranteed obligation, the interest rate determined by the Plaintiff, the amount of damages determined by the Plaintiff (the rate of damages determined by the Plaintiff shall be 10% per annum from the date of subrogation until March 31, 2019; 8% per annum from the date of subrogation); incidental expenses (including expenses incurred in the preservation, transfer

EF G

B. Under the instant credit guarantee agreement, the Defendant Company provided a credit guarantee certificate issued by the Plaintiff as security and received a loan subject to guarantee. On December 5, 2018, a guarantee accident occurred.

C. The Plaintiff performed the guaranteed obligation on behalf of the Plaintiff as indicated below, and the cost of preserving the relevant claim is KRW 2,480,418, and the charges for attempted penalty is KRW 791,820.

F E

D. On October 1, 2018, Defendant Co., Ltd borrowed KRW 190 million from Defendant C for the purpose of settlement of bills, and used it for the purpose of settlement of bills. Defendant B entered into a mortgage agreement with Defendant C as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant C, with the maximum debt amount of KRW 60 million (hereinafter “instant mortgage agreement”). On the same day, U.S. District Court received the same amount as U.S. District Court No. 135444, May 1, 201, with respect to the registration of establishment of a neighboring mortgage under Defendant C’s name.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

Since then, the defendant company was established on 2018.