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(영문) 서울중앙지방법원 2018.11.28 2017가단5128322

구상금 등

Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 3,411,654 and KRW 2,852,795 among them. < Amended by Presidential Decree No. 2732, Jul. 6, 2016>

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is only Defendant A Co., Ltd. (hereinafter “Defendant A”) on March 23, 2011, when the Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement.

(2) On March 22, 2016, Defendant A, the representative director of Defendant A, at the time of the said credit guarantee agreement, jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff, after concluding a credit guarantee agreement by setting the guarantee period of KRW 135,00,000 and the guarantee period of KRW 135,000,00, and the credit guarantee period of KRW 150,000,000, which was due on the said credit guarantee agreement, was determined and loaned on March 22, 2016 by Korea Bank Co., Ltd. (hereinafter “Korea Bank”) for the purpose of corporate driving loans.

B. On March 23, 2016, the occurrence of a credit guarantee accident and a credit guarantee accident caused by Defendant A’s principal delay. (2) On July 6, 2016, the Plaintiff subrogated to the Bank for the principal and interest of the loan of KRW 2,852,795 ( principal and interest of KRW 2,812,027) (interest of KRW 40,768).

3) When the Plaintiff performed the guaranteed obligation, the rate of delay interest applied after the date of performance is 10% per annum, and penalty under the credit guarantee agreement is 11,320 won, and the Plaintiff paid 547,539 won by subrogation for the purpose of preserving the claim for indemnity. (C) Defendant A’s disposal disposition on December 9, 2015 (hereinafter “Defendant A’s real estate”).

2) The sales of this case is referred to as “one sales of this case”

(C) On the same day, the registration of ownership transfer was completed on the ground of the instant No. 1 sale as of December 9, 2015, which was received on the same day by the Daejeon District Court’s red support, etc., as of December 9, 2015. Defendant B’s disposal disposition by Defendant B, on May 25, 2016, on the real estate indicated in attached Table No. 2 (hereinafter “instant 2 real estate”).

2) The sales of this case is called “the second sale of this case”

On May 25, 2016, receipt No. 11837 on May 25, 2016 was made by the Daejeon District Court Security Office.