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(영문) 서울고등법원 2018.06.22 2017나2077351
구상금
Text

1. Of the judgment of the first instance, the part against the Defendants shall be revoked.

(1) Attached Form C between A and Defendant C.

Reasons

1. Basic facts

A. (1) On August 22, 2014, the Plaintiff and the Joint Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with the period from August 22, 2014 to August 21, 2015 (the guarantee period has been changed from August 22, 2014 to August 19, 2016) (hereinafter “instant guarantee agreement”). In the event that the Plaintiff pays the Plaintiff for the obligation of a loan due to a guarantee accident, it agreed to pay the Plaintiff the amount of subrogation, damages for delay calculated at the ratio determined by the Plaintiff’s subrogation from the date of payment, penalty, and expenses for compensating for the claim for indemnity.

On August 22, 2014, Co-Defendant B (A) of the first instance trial jointly and severally guaranteed all obligations owed by A under the instant guarantee agreement to the Plaintiff.

(2) A submitted to a new bank a credit guarantee certificate issued under the instant guarantee agreement, and received a loan of KRW 220,000,000 from the new bank on August 27, 2014.

B. (1) On October 6, 2015, the Plaintiff’s subrogation (1) caused a credit guarantee accident to a natural body, etc., and on October 23, 2015, the new bank notified the Plaintiff of the occurrence of a credit guarantee accident.

(2) On March 9, 2016, pursuant to the instant guarantee agreement, the Plaintiff subrogated to the new bank for KRW 202,127,463 (the principal of the loan KRW 197,867,168, interest KRW 4,260,295). The amount of the claims preservation expenses incurred in relation to the instant guarantee agreement is KRW 572,232,00 in total.

C. On October 12, 2015, A’s disposal of each of the instant real estate (1) entered into a sales contract with Defendant C to sell each of the instant real estate listed in attached Table No. 1 (hereinafter “instant real estate No. 1”) for KRW 380,000,000 (hereinafter “instant sales contract”), and on the same day, Defendant C traded the instant real estate No. 1 on October 12, 2015.

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