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(영문) 서울중앙지방법원 2014.06.24 2012가합543867

구상금

Text

1. As to KRW 344,314,081 and KRW 344,163,741 of the Plaintiff jointly and severally with Defendant A, B, and C, from August 21, 2012 to August 21, 2012.

Reasons

1. Basic facts

A. Credit guarantee agreement and subrogation 1) H Co., Ltd. (hereinafter “non-party company”).

A) On September 11, 2008, the Plaintiff entered into a credit guarantee agreement with the Plaintiff and received a credit guarantee agreement, and Korea Bank (hereinafter referred to as “Korea Bank”) as security.

(2) Defendant C, the representative director of the non-party company, who is the shareholder of Defendant A, Defendant B, and 15.94% shares, has jointly and severally guaranteed the liability for indemnity to be borne by the non-party company to the Plaintiff in accordance with the above credit guarantee agreement. After that, the above credit guarantee term was changed to December 20, 2012, and the guaranteed principal was changed to 340,000,000 won. The main contents of the above credit guarantee agreement are as follows: (a) if the non-party company was unable to repay its loan obligations, and the Plaintiff performed its guaranteed obligation, the non-party company shall pay the Plaintiff the amount of subrogation and the interest rate for delay determined by the Plaintiff from the date of subrogation to the date of the performance of the guaranteed obligation (14% per annum from the date of the performance of the guaranteed obligation, and 16% per annum from December 1, 2012 to December 1, 2012).

7. 8. The same year for which a decision to commence rehabilitation procedures was made pursuant to the Suwon District Court 2012 combined 47;

7. 11. The occurrence of a credit guarantee accident by losing the benefit of time.

Accordingly, on August 21, 2012, the Plaintiff subrogated 344,163,741 won of the principal and interest of loans to our bank, and paid 1,524,300 won to recover the above claim for reimbursement, but recovered 1,373,960 won and collected 1,50,340 won.

B. (1) Defendant C is the only property on May 22, 2012, as indicated in the separate sheet (hereinafter “instant real estate”).

(2) The gift contract of this case was made by the Defendant D, his wife, and completed the registration of transfer of ownership (hereinafter “instant gift contract”).

(2) Defendant D’s real estate on August 20, 2012.