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(영문) 울산지방법원 2017.10.19 2016가합22239
구상금
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 235,783,043 and KRW 232,98,148 among them.

Reasons

Recognizing the facts, Defendant A (hereinafter “A”)’s loan and the Plaintiff’s credit guarantee Defendant A received KRW 300,00,000 from the Daegu Bank (hereinafter “Tgu Bank”) on May 29, 2013. On the same day, the Plaintiff provided a credit guarantee (hereinafter “the instant credit guarantee”) for Defendant A’s obligation to the Daegu Bank as a general loan loan (hereinafter “the instant credit guarantee”). Defendant A, the representative director of Defendant A, was jointly and severally liable for the repayment obligation of Defendant A to the Plaintiff under the credit guarantee agreement.

With respect to a credit guarantee agreement, on May 27, 2014, the Plaintiff: (a) reduced the amount guaranteed to KRW 255,000,000; (b) extended the term of guarantee to May 27, 2015; (c) reduced the amount guaranteed to KRW 229,50,000 on May 27, 2015; and (d) changed the terms and conditions of each credit guarantee to extend the term of guarantee to May 26, 2016.

On August 24, 2015, Defendant C entered into a sales contract with Defendant C to pay the remainder of KRW 450,000,000 on the date of the contract, and the remainder of KRW 450,000,000 on October 19, 2015 (hereinafter “instant sales contract”), and completed the registration of ownership transfer in Defendant C’s future on October 19, 2015.

On March 21, 2016, Defendant A and Defendant D entered into a mortgage agreement with Defendant D regarding the real estate listed in the separate sheet No. 2 (hereinafter referred to as “second real estate”) with Defendant D, the debtor, and the maximum debt amount of Defendant A at KRW 250,000 (hereinafter referred to as “instant mortgage agreement”). On March 22, 2016, Defendant A had completed the establishment registration of a neighboring mortgage agreement in the future.

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