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(영문) 서울중앙지방법원 2015.08.21 2014가합570078
구상금 등
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 554,294,940 and KRW 549,18,922 among the Plaintiff.

Reasons

1. Facts of recognition;

A. Credit guarantee agreement and joint and several sureties 1) The Plaintiff Company A (hereinafter “A”)

B) As to Defendant A’s loan from the Industrial Bank of Korea, the credit guarantee agreement between Defendant A and the Industrial Bank of Korea with the principal of the credit guarantee amounting to KRW 450 million on May 31, 201, and the credit guarantee agreement between May 16, 201 with the principal of the credit guarantee amounting to KRW 3550 million on May 16, 2012 (hereinafter “credit guarantee agreement”) in sequence, and, in total, “each of the instant credit guarantee agreements”.

(2) At the time, Defendant A, the representative director of Defendant A, was jointly and severally guaranteed Defendant A’s obligation to the Plaintiff based on each credit guarantee agreement of this case. (2) Defendant A, as security for the first credit guarantee agreement of the Industrial Bank of Korea, obtained loans from the Industrial Bank of Korea in the order of KRW 50 million, KRW 395 million as security for the second credit guarantee agreement of the Industrial Bank of Korea (hereinafter “first and second loans”), respectively.

B. The Plaintiff was notified of a credit guarantee accident by the Industrial Bank of Korea on July 2, 2014. On September 12, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 549,18,922 (i.e., KRW 189,828,192, KRW 2, KRW 359,360,730) of the principal and interest of each of the instant loans (i.e., KRW 189,828, KRW 192, KRW 2, KRW 359,360,730).

The outstanding amount of additional guarantee fees related to the credit guarantee agreement was KRW 726,250, and KRW 1,723,930 for additional guarantee fees related to the second credit guarantee agreement, and KRW 2,655,838 for claims preservation expenses were paid.

C. (1) Defendant B entered into a contract to establish a right to collateral security (hereinafter “C”) on July 2, 2013.

(i)with respect to the first real estate listed in the separate sheet (hereinafter referred to as “first real estate”)

A) As to the establishment of a mortgage agreement with a maximum claim amount of KRW 240 million, the establishment of a mortgage agreement with a maximum claim amount of KRW 240 million was concluded, and the establishment of a mortgage agreement, such as that set forth in subparagraph 2(b) of the Disposition No. 1.

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