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(영문) 부산지방법원동부지원 2019.05.08 2017가합103930
구상금
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 564,572,153 and KRW 558,818,783, as to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement 1) On April 29, 2014, the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant Company”).

) This FF Bank provided a credit guarantee of KRW 650,00,000 which was financed by the FF Bank, and Defendant B provided a joint and several guarantee for the Defendant Company’s indemnity obligation against the Plaintiff (hereinafter the above credit guarantee and joint and several guarantee together referred to as the “instant credit guarantee agreement”).

(2) On June 30, 2017, the Plaintiff repaid 558,818,783 won in subrogation of the Defendant Company to the FF Bank on behalf of the Defendant Company. According to Article 10 of the Credit Guarantee Agreement, damages for delay applied from the date of subrogation to the date of payment by subrogation are 10% per annum.

B. 1) The Defendant Company entered into a sales contract between the Defendant Company and the Defendant C, and the Defendant Company entered into a sales contract between the Defendant Company and the Defendant Company on November 21, 2016 with respect to each of the real estate listed in [Attachment 1] List 1 and 2 on December 7, 2016 (hereinafter “first sales contract”).

(2) On January 17, 2017, the sale and purchase of real estate listed in No. 1 List 3, 2017 (hereinafter “the second sale and purchase contract”) on February 22, 2017.

(2) On February 22, 2017, the Defendant Company completed the registration of ownership transfer on the grounds of the sale on January 17, 2017 (hereinafter “third sale contract”) with Defendant E on the real estate listed in the separate sheet No. 3, and completed the registration of ownership transfer on the grounds of the sale on January 17, 2017 (hereinafter “third sale contract”).

3) Defendant C and E, who repaid the secured debt of Defendant C and E, and cancelled the registration of the establishment of a new mortgage on December 9, 2015, which was established on each real estate listed in the separate list No. 1 and No. 2 of the attached Tables 1 and 3, as of December 9, 2015, the registration of the establishment of a new mortgage on each real estate listed in the separate list No. 1 and 2 of the attached Tables 1 and 3, shall be deemed to be the registration of the establishment of a new mortgage on each real estate listed in the separate list No.

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