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(영문) 서울중앙지방법원 2020.11.20 2018가합515765

구상금 등

Text

Defendant A and B Co., Ltd. jointly and severally filed against the Plaintiff KRW 1,638,269,070 and KRW 1,627,323,280 among them. < Amended by Presidential Decree No. 28420, Sep. 16, 2017>

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement, etc. on August 8, 2016, the Plaintiff Company A (hereinafter “Defendant Company”).

(1) Until August 12, 2017, the due date for the guarantee was changed to 10% per annum on January 6, 2017, after the conclusion of a credit guarantee agreement with the lending institution E Bank, E Bank, the guaranteed principal of KRW 1,620,000,000, and the due date for the guarantee. The credit guarantee agreement to be made (hereinafter “instant credit guarantee agreement”).

(2) Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement. (2) Defendant Company was granted a loan from E Bank as security, in accordance with the credit guarantee agreement of this case.

B. Division of Property between Defendant B and Defendant C was a legally married couple who completed the marriage report on April 4, 1979. On March 26, 2017, the following details are as follows (No. 1; hereinafter “instant division of property”). A notarized a notarial deed as to the written agreement on division of property on March 29, 2017 (No. 1; hereinafter “instant agreement”).

On May 1, 2017, the report of divorce was completed.

On March 29, 2017, Defendant B and Defendant C agreed on the division of property due to divorce as follows.

1. Defendant B, during the marriage period from February 24, 1979 to about 38 years, took advantage of the fact that Defendant C had well raised two children during the marriage period, and Defendant C had contributed to the formation and maintenance of property while working as F high school teachers and school principals for 26 years, and transferred the ownership of each of the following real estate owned by Defendant B due to the division of property.

Indication of Real Estate

1. Second floor H of Seocho-gu Seoul Metropolitan Government G building:

2.(a)

I land in Seogpo-si in Jeju-do

(b) The land of Jeju-doJ in Seopo-si;

3.(a)

All Defendant B’s shares in the Seoul Special Metropolitan City Nowon-gu

B. All Defendant B’s shares in the Gwanak-gu Seoul Special Metropolitan City L

C. All Defendant B’s shares in the Gwanak-gu Seoul Special Metropolitan City M

D. All Defendant B’s shares in the Seoul Special Metropolitan City N land

2. Upon completion of the report of divorce on May 11, 2017, Defendant B shall promptly complete the report.