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(영문) 인천지방법원 2015.05.20 2014가단243776
구상금
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 180,013,984 and KRW 180,013,792 among them.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the statements as to Gap evidence Nos. 1 to 4, Gap evidence Nos. 5 and 6-1, 2, Gap evidence Nos. 7, 8, 9, and Eul evidence No. 4, and the whole purport of the arguments as to the fact inquiry into the Court Administration Office of this Court.

On October 18, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on KRW 200,000,000,000,000 as security deposit and October 16, 2015 with respect to the loans of small and medium enterprise funds to be loaned from the Industrial Bank of Korea, and Defendant B jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company against the Plaintiff pursuant to the said credit guarantee agreement.

On the other hand, Defendant Company and Defendant B agreed to pay all the amount of performance and damages for delay in accordance with the rate determined by the Plaintiff from the date of full payment to the date of full payment when the Plaintiff performed the guaranteed obligation under the above credit guarantee agreement (12%).

B. The defendant company discontinued its business as of June 30, 2014 when it received a credit guarantee certificate issued by the plaintiff from the Industrial Bank of Korea as security, and thus, the defendant company has discontinued the same year.

7. On November 1, 199, the Plaintiff lost the benefit of the above loan. Accordingly, on the 30th of the same month, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 180,598,172, and collected KRW 584,380 on the same day and collected KRW 180,013,984 on the basis of the same day, and the amount of indemnity liability owed by the Defendant Company to the Plaintiff was the total amount of KRW 180,598,172 - KRW 584,380.

C. Meanwhile, on June 14, 2014, Defendant B and Defendant C paid KRW 291 million with respect to the real estate listed in the separate sheet, which is the only real estate owned by it (hereinafter “instant apartment”), as indicated in the separate sheet, (i) the purchase price of which is KRW 15 million; and (ii) KRW 5 million among the down payment.

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