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(영문) 서울중앙지방법원 2016.07.27 2016나12648

구상금

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On September 26, 2012, the Plaintiff entered into a credit guarantee agreement (a guarantee principal KRW 100,000,000,000) on September 26, 2012 with the Codefendant A (hereinafter “A”) and B (hereinafter “B”) with respect to loans to be granted from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), A and B (hereinafter “National Bank”), respectively, on September 26, 2013. The Co-Defendant A and B, each of the representative directors of A and B, jointly and severally guaranteed the indemnity obligation owed to the Plaintiff, and obtained loans of KRW 10,000,000,000 from each National Bank. < Amended by Presidential Decree No. 24220, Sep. 26, 2013>

B. B due to the auction at work on March 13, 2014 (hereinafter “first guarantee accident”); and A due to natural disasters (hereinafter “second guarantee accident”) on July 1, 2014, lost the benefit of time due to repayment of loans to each national bank; and the Plaintiff repaid to the national bank the principal and interest of KRW 174,423,334 ( principal and interest of KRW 170 million, interest of KRW 4,423,334) on June 26, 2014 in relation to the first guarantee accident; ② in relation to the second guarantee accident, the principal and interest of KRW 10,96,575 ( principal and interest of KRW 16,575,575) on August 19, 2014.

In addition, the Plaintiff spent 343,175 won in relation to the first guarantee accident in relation to the second guarantee accident, and 1,336,624 won in relation to the second guarantee accident, respectively, at the expense of preserving the claim for indemnity due to the fulfillment of the above guaranteed obligation, and at the rate of 12% in interest for the agreed amount of indemnity after the fulfillment of each guaranteed obligation

C. On December 23, 2013, C entered into a mortgage contract with Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a maximum debt amount of KRW 120 million (hereinafter “Defendant Co., Ltd.”) with respect to the land of this case, the registration of creation of a neighboring mortgage was completed on the 31st of the same month, following the conclusion of the mortgage contract with the Defendant Co., Ltd. (hereinafter “Defendant Co.”), and the establishment of a mortgage was completed on the 31st of the same month. < Amended by Act No. 12954, Dec. 23, 2014>