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(영문) 서울중앙지방법원 2016.05.09 2015가합538200

구상금

Text

1. On October 31, 2014, the shares of the real estate in attached Tables 1 through 4 shall be transferred between the defendant and the defendant.

Reasons

1. Facts of recognition;

A. Co-sureties Co., Ltd. (hereinafter “C”) entered into each credit guarantee agreement with the Plaintiff (hereinafter “each of the instant credit guarantee agreements”) as listed below, and received loans from the Industrial Bank of Korea as collateral the credit guarantee certificates issued by the Plaintiff, stating in the table below.

C's representative director or inside director, D's wife B, and E have jointly and severally guaranteed C's obligations under the above credit guarantee agreement.

Since then, the term of each credit guarantee agreement and the guaranteed principal were modified as stated in the table below, and the term of each credit guarantee agreement and the guaranteed principal were respectively modified.

On November 27, 2008, F. 475,000,000 (323,000,000,000) 5,00,000 (323,00,000) 2 G 14,000,000 (109,440,0000), 180,000,000 3H 170,000,000 (129,200,000,000) 3H 170,000,00 (129,200,000,000) 20,00,000,000 (36,000,000) 3,00,000,000,000 or more on November 31, 2009, 2004; and

B. On April 7, 2015, the Plaintiff’s subrogated C lost the benefit of time for each of the above loans.

On June 5, 2015, the Plaintiff subrogated KRW 782,673,070 on behalf of the Bank for the performance of guaranteed obligations, and recovered KRW 5,348,239 on the same day. As of June 5, 2015, the Plaintiff still remains KRW 77,324,831 (= 782,673,070 - 5,348,239).

The rate of damages for delay under the above credit guarantee agreement is 12% per annum from June 5, 2015 to the date, and damages for delay incurred in relation to the collected 5,348,239 won is 1,758 won.

C. On August 29, 2014, the Defendant: (a) decided to lend KRW 200 million to D on October 29, 2014 on the due date; (b) deducted KRW 12 million from the prior interest; and (c) remitted KRW 188 million to C’s account; and (b) jointly and severally guaranteed the debt of D.

The defendant around September 30, 2014.