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(영문) 서울중앙지방법원 2016.04.14 2015가단5046839
사전구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 92,977,448 and KRW 92,114,018 among them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) with Defendant A, and the said Defendant entered into a credit guarantee agreement on October 27, 201 with respect to obtaining a loan from the Industrial Bank of Korea. Defendant B, based on the credit guarantee agreement, jointly and severally guaranteed the Defendant A’s indemnity liability against the Plaintiff. 2) around that time, Defendant A received a loan from the Industrial Bank of Korea as security KRW 150 million.

B. The Plaintiff: (a) the occurrence of a guarantee accident and the subrogated payment 1) caused a credit guarantee accident by delinquency in the payment of loans from October 7, 2014; (b) on March 5, 2015, the Plaintiff subrogated the Bank of Korea for KRW 92,114,018 of the principal and interest of loans based on the said credit guarantee; (c) on March 5, 2015, in relation to the said credit guarantee, the overdue guarantee fee for the guarantee fee that Defendant A delayed payment remains at KRW 20,620; (d) the unpaid guarantee fee remains at KRW 270,680; (e) the Plaintiff spent KRW 572,130 with the expenses for the preservation of the claim; (e) the agreed delay damages rate for the said subrogated payment is KRW 15 per annum until April 28, 2015; and (e) annually 12

C. As to the real estate as indicated in paragraph (2) of the Disposition No. 2 (hereinafter “the instant real estate”), Defendant A entered into a mortgage agreement with Defendant C on October 13, 2014 (hereinafter “instant mortgage agreement”) with the maximum debt amount of KRW 700 million, and on October 14, 2014, Defendant C signed a mortgage agreement with Defendant C on October 14, 2014.

(2) On October 20, 2014, the registration of the establishment of a neighboring mortgage (hereinafter “instant mortgage”) as indicated in paragraph (1) entered into a trade reservation (hereinafter “instant reservation”) with Damobn Co., Ltd. (hereinafter “Defendant Damobn”) and the Damobn Co., Ltd. on October 20, 2014, and ordered No. 2-B on the same day.

(2) The provisional registration of the right to claim ownership transfer registration stated in paragraph (1) (hereinafter “the provisional registration of this case”) was completed respectively.

In the event of Defendant A’s insolvent, the instant mortgage contract and the promise to sell.

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