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(영문) 서울동부지방법원 2016.06.23 2016가합102328
구상금 등
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 302,301,265 and KRW 294,961,026 among them.

Reasons

1. Facts of recognition;

A. On March 4, 2009, the Plaintiff entered into a credit guarantee agreement between the Defendant Company A (hereinafter “Defendant Company”) and the Defendant Company on March 3, 2010 in the course of obtaining a loan from the Industrial Bank of Korea. Defendant B and C jointly and severally guaranteed the obligation of indemnity that the Defendant Company owes to the Plaintiff pursuant to the said credit guarantee agreement.

Since then, the guaranteed amount of the credit guarantee agreement was changed to KRW 450 million, and the term of guarantee was extended until February 28, 2014.

B. However, on October 1, 2013, when a credit guarantee accident occurred due to a natural body of the Defendant Company, the Plaintiff collected KRW 160,081,809, which subrogated the Industrial Bank of Korea for KRW 455,042,835 on November 21, 2013, and collected KRW 160,081,809, and then the Plaintiff’s claim against the Defendant Company at present against the Plaintiff’s company still remains 302,301,265, in total, the subrogated principal amount of KRW 294,961,026, 7,049,239, and 291,00 by subrogation.

C. Under the instant credit guarantee agreement, the interest rate for delay to be paid by the Defendant Company to the Plaintiff is 12% per annum from December 1, 2012.

Defendant B, the representative director of the Defendant Company, was the only property on March 13, 2013, which is the real estate indicated in the separate sheet (referring to the amount equivalent to KRW 940 million at the market price; hereinafter “instant real estate”). The real estate in this case, the maximum debt amount of which is KRW 726.7 million, was set up with Defendant D to make a pre-sale agreement with regard to the registration of the establishment of the ownership transfer claim on the same day with respect to the real estate (the registration of the establishment of the neighboring mortgage corporation, the mortgagee of the Korea City Bank, which was the mortgagee of the right to collateral security, was completed on March 5, 2013), and completed the provisional registration of the right to claim ownership transfer on the same day to Defendant D on September 12, 2013.

(hereinafter referred to as "the instant reservation and sales contract". (e)

Since then, the real estate of this case is auction procedure E with the Seoul Eastern District Court on August 20, 2014, according to the application for voluntary auction by the Korea City Bank Co., Ltd.

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