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(영문) 부산지방법원 2015.04.28 2014가단205023
구상금등
Text

1. As to Defendant A, B, C, D, E, and F, jointly and severally with the Plaintiff KRW 25,049,874 and KRW 24,591,564.

Reasons

1. Facts of recognition;

A. On November 21, 2008, the Plaintiff issued a credit guarantee certificate with the coverage amount of KRW 25,500,000, and the coverage period of November 20, 2009 (up to November 15, 2013) with respect to the principal and interest of loan to be borne by Defendant A (hereinafter “Defendant A”) by receiving a loan from the Busan Bank, Busan Bank. Defendant B, C, D, E, and F were jointly and severally guaranteed the Plaintiff’s obligation under the above credit guarantee. Defendant A borrowed KRW 30,00,000 from the Busan Bank on November 21, 2008.

B. On June 14, 2013, Defendant A discontinued, and on August 6, 2013, the occurrence of a credit guarantee accident occurred. The Plaintiff paid KRW 24,591,564 to Busan Bank on behalf of Defendant A on January 3, 2014.

C. According to a credit guarantee agreement between the Plaintiff and the Defendant, when the Plaintiff fulfilled the guaranteed obligation, Defendant A and the joint guarantor are required to pay the amount of performance of the guaranteed obligation, damages for delay, additional guarantee fees, and legal procedural costs at the rate of damages determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment (12% per annum after January 3, 2014). The additional guarantee fee was 46,730 won, and legal procedural costs were 41,580 won.

Defendant F owned each of the real estate listed in the separate sheet, which is its sole real estate (hereinafter “instant real estate”). However, the instant real estate had the right to collateral security, which was revised by the mortgagee 4 on May 18, 2005, the maximum debt amount of which was 35,000,000, and the right to collateral security, which was revised by the mortgagee 4, the community credit cooperatives with the maximum debt amount, the maximum debt amount of which was 13,000,000, which was created on February 14, 2007 (hereinafter “instant two collateral security”), and the lessee was residing on the second floor of the instant real estate at KRW 10,000,000.

E. Defendant G Co., Ltd (hereinafter “Defendant G”) on May 25, 201, KRW 50,000,000 for Company Operation Fund to Defendant A.

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