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(영문) 서울고등법원 2017.03.17 2016나2041607
구상금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. On April 10, 2013, the Plaintiff Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance court on April 10, 2013.

B B Between the Bank of Korea, the Bank of Korea, the credit guarantee limit of KRW 135,00,000, guarantee period of the loan-handling institution, and the export credit guarantee agreement between April 10, 2013 and April 9, 2015 (hereinafter “instant credit guarantee agreement”).

A) A Co., Ltd. entered into a credit guarantee agreement, around April 19, 2013, borrowed KRW 150,000,000 from the Industrial Bank of Korea as collateral. (2) According to the credit guarantee agreement in this case, if the Plaintiff performed the guaranteed debt in subrogation of the Bank of Korea, the Bank of Bankruptcy and the Co.,Defendant B, a joint guarantor, agreed to reimburse the Plaintiff for the amount of subrogation and the amount of delay calculated at the rate of 11% per annum, and the amount of compensation for claims.

B. On October 1, 2014, the Industrial Bank of Korea issued a credit guarantee accident and the Plaintiff’s subrogation. On August 1, 2014, the Industrial Bank of Korea did not pay interest on the said loan from August 11, 2014 to the Plaintiff, and notified the Plaintiff of the occurrence of the credit guarantee accident to the effect that it would make it difficult for the Plaintiff to pay the principal and interest due to the closure of its business. On November 20, 2014, the Plaintiff requested the Plaintiff to perform the guaranteed obligation under the instant credit guarantee agreement. 2) On December 18, 2014, the Plaintiff subrogated the Bank of Korea for KRW 137,846,460 in total, and paid KRW 2,340,940 in total at expenses, such as provisional seizure on real estate, etc.

C. On July 25, 2014, the Dispute Resolution Co., Ltd. may sell each real estate listed in the separate sheet (hereinafter “each real estate of this case”, and the real estate listed in paragraph (4) of the separate sheet among which the real estate is listed in the separate sheet shall be “the land of this case”) by the Defendant, as to the claim for the establishment of a mortgage agreement of 520,000,000 won, which was based on the maximum debt amount of July 24, 2014 (hereinafter “instant mortgage agreement”).

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