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(영문) 서울고등법원 2016.06.02 2015나2064825
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

Attached Form

real estate entered in the list.

Reasons

1. Basic facts

A. 1) On June 30, 2014, the Plaintiff entered into a credit guarantee agreement, etc., the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance court (hereinafter “A”).

B) The co-defendant B (hereinafter “B”) of the first instance court, a representative director, is between the two parties.

(B) The credit guarantee agreement was concluded between the credit guarantee principal of KRW 255 million under the joint and several guarantee and the credit guarantee period from June 30, 2014 to June 29, 2015, and Korea Bank (hereinafter “Korea Bank”) which is a lending institution on the same day.

(2) According to Article 10 of the Credit Guarantee Agreement, the scope of repayment A and B is the amount of the Plaintiff’s performance of the guaranteed obligation and the interest rate (12%) determined by the Plaintiff from the date of repayment to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in compensating for the rights acquired from the performance of the guaranteed obligation.

B. (1) The Plaintiff’s subrogation, etc. received a loan from the bank under the credit guarantee agreement. On October 4, 2014, a credit guarantee accident occurred due to delinquency in payment of interest. (2) On December 30, 2014, the Plaintiff performed the guaranteed obligation by subrogated payment of KRW 260,100,558 to the bank.

3) Since the Plaintiff recovered KRW 3,091,978 out of the subrogated amount, the remainder of the subrogated amount is 257,008,580 won (=260,100,558 won - 3,091,978 won). The final delay damages for the recovery amount is 1,016 won, and the remainder of the recovery amount is 258,634 won, which remains after the Plaintiff recovered part of the legal procedural expenses (payment by subrogation) incurred by the Plaintiff for the performance of the guaranteed obligation. (C) The Defendant’s disposal of the instant real estate on July 31, 2014 and B, as to the instant real estate, shall be a mortgagee, the maximum debt amount is KRW 80,000,000,000,000,000 won, and a collateral security contract concluded between B and the debtor (hereinafter “instant contract”).

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