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(영문) 창원지방법원 2015.02.11 2014가단74103
구상금
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 31,886,932 and KRW 30,816,952 among them, from March 19, 2014.

Reasons

1. Facts of recognition;

A. On August 24, 2011, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A by setting the amount of credit guarantee as KRW 30,000,000, and the period from August 24, 201 to August 23, 2012. At that time, B jointly and severally guaranteed the Defendant A’s obligation, such as indemnity money, in accordance with the said credit guarantee agreement.

After August 22, 2012, the term of guarantee of the above credit guarantee agreement was changed to August 23, 2013.

B. On August 24, 201, Defendant A borrowed KRW 30,000,00 from a new bank (hereinafter “new bank”) based on the instant credit guarantee agreement.

C. Upon the occurrence of a guarantee accident on August 23, 2013 due to Defendant A’s delinquency in the payment of the principal and interest of the loan, the Plaintiff subrogated to the new bank for KRW 30,816,952 in total of the principal and interest of the loan of this case on March 19, 2014 pursuant to the credit guarantee agreement of this case.

As of March 24, 2014, the Plaintiff’s claim for indemnity against Defendant A and B (hereinafter “instant claim for indemnity”) is KRW 30,816,952, and KRW 306,240, and KRW 763,740, and legal procedure expenses (= KRW 30,816,952, KRW 306,240,000).

On the other hand, on July 16, 2013, Defendant A concluded a mortgage agreement of KRW 60,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) with Defendant C (hereinafter “instant apartment”). Defendant C made a registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage”) around the Busan District Court’s Northern District Court No. 50160, Jul. 16, 2013.

E. The instant apartment was sold to E and F in KRW 238,620,000 during the voluntary auction procedure commenced on July 25, 2013, upon the application for Eno-sports, which was the mortgagee regarding the instant apartment.

Accordingly, the registration of the establishment of the relocation of the instant case was cancelled, and the Defendant C on March 20, 2014.

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