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(영문) 서울고등법원 2017.12.14 2016나2063317

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The status of the parties C Co., Ltd. is co-defendant in the first instance trial.

(hereinafter referred to as “C”) is a company established on January 7, 2014 for the purpose of livestock wastewater, manure transportation, spraying business, etc., and the Plaintiff and the Defendant are co-representative directors of C and in-house directors.

B. Defendant and C’s conclusion of each loan contract and the Plaintiff’s joint and several guarantee thereto, etc. 1) Defendant Hyundai Mys Co., Ltd. (hereinafter “Moys Social”).

B) On February 5, 2014, a loan agreement under which the Defendant is to obtain a loan of KRW 105,000,000 from Hyundai Myman social (hereinafter “instant first loan agreement”).

B) On July 15, 2014, a loan agreement under which the Defendant is to obtain a loan of KRW 95,000,000 from Hyundai Mack social (hereinafter “instant second loan agreement”).

At that time, both the Plaintiff and C concluded a loan obligation under the instant loan contract with the Defendant’s Hyundai Sys Social (hereinafter collectively referred to as “instant loan obligation”), and “a corresponding claim” refers to the instant loan obligation.

2) At the time of the conclusion of the instant loan contract, C set up a right to collateral security of KRW 66,500,000 with respect to the 70% of the loans under the instant loan contract with respect to the 1 and 2 loans (TRGO, No. 500,000 of the maximum debt amount corresponding to the 70% of the loans under the instant loan contract with respect to the 70% of the loan under the instant loan contract with respect to the 1 and 2 loans (TRGO, No. 500,000 of the maximum debt amount corresponding to the 70% of the loans under the instant loan contract, and the 66,500,000 of the maximum debt amount corresponding to 70% of the loans

3) Meanwhile, on March 28, 2014, C and the Industrial Bank of Korea agreed to borrow KRW 18,000,000 from the Industrial Bank of Korea (hereinafter “Third Loan Agreement”).

At that time, the Plaintiff entered into the Bank of Korea of C.