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(영문) 창원지방법원 2017.06.01 2016가단118113
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 96,320,188 and KRW 96,320,131 among them.

Reasons

1. Facts of recognition;

A. On April 24, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant Co., Ltd.”) to cover KRW 100,000,000, and the term of guarantee until April 21, 2017. On the same day, the Defendant Co., Ltd borrowed KRW 100,000,000 from a corporate bank following the Plaintiff’s guarantee. Defendant B jointly and severally guaranteed obligations under the said credit guarantee agreement with the Plaintiff by the Defendant Co., Ltd.

B. A credit guarantee accident occurred on August 1, 2016, and the Plaintiff subrogated for KRW 96,531,192 to a corporate bank on October 21, 2016 (principal interest of KRW 95,00,000, KRW 1,531,1192).

C. The overdue interest rate applicable under the above credit guarantee agreement is 10% per annum, and the Plaintiff recovered 211,061 won from the Defendant Company, and the final delay damages pursuant to the above recovery amount are 57 won.

On the other hand, on May 20, 2016, Defendant C sold real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”) to Defendant C for KRW 15,00,000 (hereinafter “instant sales contract”), and on the same day, Defendant C completed the registration of ownership transfer listed in the separate sheet No. 2(b).

E. The Defendant Company did not have any property other than the instant real estate at the time of the instant sales contract.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 10 (including additional numbers), and the fact-finding results of this court's inquiry to the head of Sungsan-si, the purport of the whole pleadings

2. According to the facts found in the determination as to the claim for indemnity, the defendant company and the defendant Eul shall jointly and severally serve as the plaintiff the amount of 96,320,18 won for indemnity (=96,320,131 won for the remainder of the principal subrogated (=96,531,192 won - 211,061 won)) and as to the amount of 96,320,131 won for the remainder of the principal subrogated from October 21, 2016 to March 23, 2017, which is the final delivery date of the copy of the complaint in this case, 10% per annum under the agreement, from March 23, 2017, and from the following day to the date of full payment.

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