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(영문) 서울중앙지방법원 2019.06.25 2017가단5226097
구상금 등 청구의 소
Text

1. As to Defendant A and B’s joint and several liability for KRW 175,685,587 to the Plaintiff and KRW 172,882,324 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement, etc. on August 6, 2014, the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

B) On August 6, 2015, the guaranteed amount of KRW 170,000,000, and the term of guarantee was changed on August 6, 2015 (the term of guarantee thereafter was changed on August 4, 2017).

(iii) the credit guarantee agreement up to the credit guarantee agreement (hereinafter referred to as “the credit guarantee agreement of this case”)

(2) According to the credit guarantee agreement of this case, when the plaintiff performs the guaranteed obligation under the credit guarantee agreement of this case, the principal debtor and the joint guarantor agreed to the plaintiff to reimburse the amount of the guaranteed obligation and the amount of damages determined by the plaintiff from the date of the performance of the guaranteed obligation, (2) the expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, (3) the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, (4) the unpaid guarantee fee, arrears guarantee fee, additional guarantee fee, and (2) the interest rate for delay determined by the plaintiff as to the subrogated payment was 12% per annum from June 1, 2015, and the defendant B jointly and severally guaranteed all obligations under the credit guarantee agreement of this case.

B. The occurrence of a credit guarantee accident and the subrogation company lost the benefit of loans to the Industrial Bank of Korea on June 1, 2017, thereby causing a credit guarantee accident. The Plaintiff subrogated for KRW 172,882,324 to the Industrial Bank of Korea on November 8, 2017 in accordance with the instant credit guarantee agreement.

The Plaintiff spent KRW 1,896,213 as the cost of preserving the right acquired through the performance of the guaranteed obligation, and the additional guarantee fee is KRW 907,050.

C. Real estate listed in the [Attachment 1] List (hereinafter “instant real estate”) between Defendant Company, C, and D (hereinafter “instant real estate”).

As to June 15, 2017, the maximum debt amount of KRW 85,00,000,000, and the establishment registration of a mortgage near the Defendant E and the collateral security company (hereinafter referred to as the “mortgage”).

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