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(영문) 대구고등법원 2016.06.08 2015나21586

청구이의

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On September 27, 2001, the Defendant issued to C (hereinafter “principal debtor company”) a letter of credit guarantee with the content of guaranteeing the obligation of loans owed by the principal debtor company to the National Bank of Korea (hereinafter “National Bank”) to the National Bank of Korea (hereinafter “National Bank”). (The guaranteed principal amount is KRW 100 million, guarantee period from September 27, 2001 to September 26, 2002).

On September 27, 2001, the defendant entered into a credit guarantee agreement with the plaintiff, the selected party B (hereinafter collectively referred to as "the plaintiff, etc.") and the principal debtor company, where the defendant pays a loan to a national bank of the principal debtor company, the principal debtor company shall pay the defendant the amount of subrogation, additional guarantee fee, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired by the defendant through the performance of the guaranteed obligation (hereinafter referred to as "principal obligation"), and the plaintiff, etc. shall jointly and severally perform the principal obligation with the principal debtor company (Evidence 4).

B. The primary debtor company received a loan of KRW 100 million from the National Bank on the security of each of the right to collateral security (hereinafter “instant right to collateral security”) on the said letter of credit guarantee and the Daegu-gu Office which owns the primary debtor company and the right to collateral security on its ground (hereinafter “the instant right to collateral security”). On March 14, 2003, the Defendant repaid KRW 102,931,945 in total on behalf of the primary debtor company.

On November 27, 2002, the Defendant completed the registration of provisional seizure on the above real estate on November 27, 2002 (hereinafter “instant provisional seizure”), and on March 14, 2003, completed the supplementary registration to which part of the instant collateral security (hereinafter “instant collateral security part”) is transferred from a national bank on the ground of the said subrogation.

C. The defendant applied for a payment order against the principal debtor company and the plaintiff, etc.