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(영문) 서울중앙지방법원 2017.05.11 2016가단5075179
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 243,469,736 and KRW 241,57,326 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on March 14, 2016.

Reasons

1. Facts of recognition;

A. (1) On December 9, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a credit guarantee amount of KRW 238 million and up to December 8, 2015 (hereinafter “instant credit guarantee agreement”). On the same day, Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff, and the Defendant Company borrowed the said credit guarantee agreement amount of KRW 280 million from the Bank as security.

(2) Around December 17, 2015, the Defendant Company lost the benefit of time against the Bank by causing a guarantee accident due to the cause of the principal and delayed payment, etc. The Plaintiff subrogated to the Bank 241,577,326 won on March 14, 2016, and accordingly, the amount of penalty 1,377,130 won for attempted penalty, and substitute payment 515,280 won was incurred. The rate of delay damages determined by the Plaintiff is 10% per annum from March 14, 2016, the date of the said subrogation.

B. Defendant B and C married on June 23, 1987, including divorce and division of property, and between Defendant B and Defendant C married on June 23, 1987, and their children E (F) and G (H).

(2) On September 9, 2015, Defendant C filed a claim for divorce, consolation money, and division of property against Defendant B (Seoul Family Court 2015dhap39791), and on October 23, 2015, the conciliation of the same content as the attached Table 2 (hereinafter “instant conciliation”) was established with Defendant B, and completed a divorce report on November 9, 2015.

(3) After that, following the instant conciliation, Defendant B completed the ownership transfer registration based on the division of property (hereinafter “instant transfer registration”) on November 10, 2015, which was received on November 10, 2015 from the Seoul Northern District Court’s Northern District Office (Seoul Northern District Court Branch) (151074, Oct. 23, 2015) with respect to the instant real estate to Defendant C, but at that time, Defendant B had a status of more than active property than active property.

C. (1) The Han Bank, the mortgagee of the instant real estate, etc., is a bank.

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