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(영문) 서울중앙지방법원 2015.02.13 2014가합505616
구상금 등
Text

1. Defendant A, B, C, D, and E jointly and severally with the Plaintiff KRW 306,078,693 and 305 among them.

Reasons

1. Basic facts

A. On April 30, 209, the Plaintiff entered into a credit guarantee agreement with Defendant A (hereinafter “A”) on the debt amounting to 300 million won that Defendant A would have borrowed from the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”) under the joint and several sureties (hereinafter “instant joint and several sureties”) of Defendant B, C, D (hereinafter “D”) and E (hereinafter “E”).

Accordingly, on April 30, 2009, Defendant A borrowed KRW 300 million from the Industrial Bank of Korea (hereinafter “instant loan”).

B. On October 18, 2013, the Plaintiff notified the Industrial Bank of Korea of the occurrence of a credit guarantee accident, and on January 7, 2014, the Plaintiff subrogated for KRW 305,210,580 of the principal and interest of the loan to the Industrial Bank of Korea.

C. The Plaintiff recovered KRW 1,420,270,00 after paying KRW 2,288,383 (i.e., KRW 1,236,90, KRW 1,051,483) as the cost for preserving the claim for reimbursement due to the said subrogation.

The rate of damages for delay under the credit guarantee contract of this case is 12% per annum.

On August 30, 2013, Defendant B entered into a trade reservation (hereinafter “instant first trade reservation”) with regard to the real estate listed in attached Form 1’s real estate list (hereinafter “attached Form”) No. 1 (hereinafter “instant real estate list”) with Defendant F, a director in the company of Defendant E, and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) with Defendant F as described in attached Table 2’s B.

On September 4, 2013, Defendant B entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with Defendant H on each real estate recorded in the third real estate list, which was his own branch, on September 4, 2013. On September 5, 2013, Defendant H completed the registration of creation of a neighboring mortgage (hereinafter “instant neighboring mortgage registration”).

E. Defendant C: (a) is between Defendant G and his fault on January 10, 2013.

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