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(영문) 부산지방법원 2015.08.18 2014가단221087
구상금 등 청구의 소
Text

1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 86,280,352 and KRW 85,930,547 among them.

Reasons

1. Basic facts

A. On May 14, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) on the amount of a general loan from the SCB bank as of May 14, 2010, with the guarantee period of KRW 95 million and the guarantee period of KRW 15 million. Defendant B, C, and D jointly and severally guaranteed the Defendant Company’s indemnity liability against the Plaintiff under the said credit guarantee agreement.

B. On February 27, 2014, the Defendant Company lost the benefit of time due to delinquency in payment of the interest on loans. On April 25, 2014, the Plaintiff subrogated the Defendant Company’s principal and interest of KRW 85,976,457 on behalf of the Plaintiff.

C. On March 14, 2014, Defendant C and D entered into a sales contract to sell 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property to Defendant E (hereinafter “instant sales contract”) and completed the registration of ownership transfer for Defendant E on the same day.

At the time of the instant sales contract, Defendant D and E were in excess of their obligations, and the market price of the instant real estate is KRW 290 million.

E. Meanwhile, the establishment registration of a neighboring mortgage in the name of a hot spring 3-dong Saemaul Depository, the maximum debt amount of which is KRW 195 million, was established on the instant real estate. However, upon Defendant E’s repayment of the secured debt amount of KRW 150 million, the said right to collateral security was cancelled on March 17, 2014 on the ground of termination.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 8 (including a provisional number; hereinafter the same shall apply), the inquiry result of a fact-finding into a hot spring 3-dong Saemaul Depository, the market price appraisal result of appraiser F, the purport of the entire pleadings

2. Judgment by public notice as to claims against Defendant Company B, C, and D (Article 208(3)3 of the Civil Procedure Act)

3. Determination as to the claim for revocation of fraudulent act against Defendant E

(a) the existence of the preserved claim, Defendant C, and D, shall be the credit guarantee of the Defendant Company.

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