logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.11.17 2016가합50382
구상금
Text

1. The defendant corporation A, the defendantB, the defendant C, the defendant corporation D and the defendant corporation E are jointly and severally liable to the plaintiff for 406,031.

Reasons

1. Basic facts

A. The Plaintiff entered into a guarantee agreement and the Plaintiff’s subrogation 1) on March 9, 2009, the trade name before the change on July 7, 2009 was G Co., Ltd.

In the lower court, “Defendant A” without any relationship before and after the trade name change.

(i)the Credit Guarantee Agreement of KRW 500,000,000 (hereinafter referred to as the “instant Guarantee Agreement”) to guarantee the loan from the Bank.

(2) The Defendant A concluded a contract with the Plaintiff to reimburse the Plaintiff’s expenses for the legal procedure incurred by the Plaintiff in order to preserve the claim for indemnity, and the Defendant B, C, D, and E jointly and severally guaranteed the above obligation for reimbursement, in the event that the Plaintiff subrogated for the obligation of the Defendant A due to the occurrence of a credit guarantee accident, such as principal arrears, etc.

3) Defendant A was unable to repay KRW 400 million borrowed from the Industrial Bank of Korea, and the Plaintiff paid KRW 405,543,368 to the Industrial Bank of Korea on January 28, 2016, and the legal procedure cost incurred by the Plaintiff is KRW 488,100. (B) Defendant B and F’s real estate sale transaction of the Plaintiff is KRW 488,100. Defendant F purchased real estate listed in the separate sheet (hereinafter “instant apartment”) owned by Defendant B on September 16, 2015 at KRW 530,000 (hereinafter “instant sales contract”); and on the same day, the registration of ownership transfer in Defendant F’s name was completed.

2) On March 6, 2015, the registration of the establishment of a mortgage over the Industrial Bank of Korea (the maximum debt amount of 240 million won) was completed on the instant apartment. However, on September 16, 2015, the date of the conclusion of the instant sales contract, the registration of the establishment of a mortgage over the instant apartment was revoked, and the remainder of the secured debt at the time of cancellation was KRW 190,000,04 (which was the principal amount of the instant apartment. [In the absence of any dispute over recognition, the records as indicated in the evidence Nos. 1 through 8, 11, and 12, and the response to the submission of financial transaction information to the president

2. against Defendant A, B,C, D, andE

arrow