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(영문) 서울중앙지방법원 2016.11.02 2016가단5027262
구상금 등
Text

1. As to KRW 154,155,091 and KRW 152,94,93,737 of the Plaintiff’s joint and several shares and KRW 152,94,737, Feb. 1, 2016

Reasons

1. Basic facts

A. On November 8, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (D, E Co., Ltd., and current trade names are changed, regardless of whether it is before or after the change of trade names, to provide a credit guarantee with respect to the principal obligation owed by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). The Plaintiff issued the said guarantee agreement with respect to the principal obligation owed by the Defendant Co., Ltd., and Defendant B guaranteed the Defendant Co., Ltd’s obligation to the Plaintiff under the instant credit guarantee agreement.

Credit guarantee principal: 150,000 won credit guarantee period:

B. On November 9, 2012, the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) loaned KRW 180 million to the Defendant Company on November 9, 2012. On August 20, 2015, the Defendant Company notified the Plaintiff of the credit guarantee accident on the ground of the loss of the benefit of time due to the closure of business on August 18, 2015.

C. Accordingly, on February 1, 2016, the Plaintiff subrogated for KRW 152,943,737 pursuant to the credit guarantee agreement in this case to the non-party bank. The additional guarantee fee unpaid by the Defendant Company was paid KRW 812,100, and the Plaintiff paid KRW 39,254 with the claims preservation expense. The delay interest rate determined by the Plaintiff is 10% per annum.

Defendant B donated to Defendant C, on March 31, 2015, 1/2 shares in the real estate listed in the separate sheet (hereinafter “instant real estate shares”) (hereinafter “instant donation”), among the real estate listed in the separate sheet, (hereinafter “instant real estate shares”), and (3) the same year.

4.9.

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