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Reasons
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(영문) 서울중앙지방법원 2017.01.09 2016가합540705
구상금
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1. As to KRW 245,709,395 and KRW 242,607,343 among the Plaintiff, Defendant A Co., Ltd., from June 28, 2016 to July 2016.

Reasons

1. Facts of recognition;

A. Conclusion of a credit guarantee agreement and subrogation 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) On June 8, 2015, the Plaintiff and the guaranteed principal amounting to KRW 240 million and the guarantee period from June 8, 2015 to June 7, 2016 (hereinafter “instant credit guarantee contract”).

(2) According to the credit guarantee contract of this case, when the Plaintiff pays the guaranteed obligation, the Defendant A is obligated to pay the amount of subrogated payment to the Plaintiff and the amount of damages calculated by applying 10% of the agreed amount of damages to the Plaintiff from the date of performance of the guaranteed obligation to the date of full payment of the guaranteed obligation, and the legal procedure expenses and penalty paid by the Plaintiff on behalf of the Plaintiff.

3) Defendant A did not repay the loan even though he/she had defaulted on March 4, 2016 and lost the benefit of time. On June 28, 2016, the Plaintiff paid the principal amount of KRW 242,607,343 on behalf of Defendant A (i.e., the principal amount of KRW 240 million) to a new bank on behalf of Defendant A (i.e., the principal amount of KRW 242,607,343). Legal procedure expenses incurred by the Plaintiff on behalf of the Plaintiff are KRW 2,825,892, and penalty is KRW 276,160. (ii) Co., Ltd, including the conclusion of a mortgage contract, is KRW 276,160.

3) As to the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 30 million, C, and Defendant B, the right to collateral security (hereinafter “right to collateral security”).

(1) On November 9, 2015, Defendant B entered into a registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) with the Seoul Southern District Court No. 102944, Nov. 9, 2015

3) ADD. [The fact that there is no dispute over the grounds for recognition, the entry in Gap 1 to 7, and the pleading.]

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