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(영문) 창원지방법원 2015.11.19 2014가단84216
구상금
Text

1. As to KRW 450,794,255 and KRW 248,036,733 among the Plaintiff, Defendant A Co., Ltd., Ltd., from July 25, 2014 to the Plaintiff, and from July 25, 201.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 13, with a comprehensive view to the whole purport of the pleadings.

A. The Plaintiff entered into a credit guarantee agreement with Defendant A, and issued a credit guarantee agreement as follows. Defendant A, a corporation, submitted each of the above credit guarantee agreements to Business Bank and Small and Medium Business Corporation, and received each of the following loans:

The representative director C of Defendant A Co., Ltd. has jointly and severally guaranteed the repayment obligation under the credit guarantee agreement with the Plaintiff of Defendant A. According to the above credit guarantee agreement, when a credit guarantee accident occurs, the Plaintiff may exercise the prior right to indemnity.

On April 11, 2011, 201, April 11, 2014, 2000, corporate purchase financing bank 300,000,000,000,000,000 of loans to guarantee commercial loan units (loans) in the term of guarantee on the date of guarantee; and

B. On May 9, 2014, Defendant A, a corporation, in arrears with interest, etc., caused an accident of credit guarantee. Accordingly, the Plaintiff, upon receiving a request for performance of the guaranteed obligation from the corporate bank and the Small and Medium Business Corporation, by subrogation, paid KRW 272,054,01 to the corporate bank on July 25, 2014, and KRW 201,117,604 to the Small and Medium Business Corporation on November 12, 2014, recovered KRW 24,017,278 out of the subrogated payment to the said corporate bank.

On the other hand, the final damages for the amount of recovery are KRW 1,113,348, and the attempted penalty that Defendant A shall pay to the Plaintiff according to the above credit guarantee agreement is KRW 526,570.

C. On April 28, 2014, C entered into a mortgage agreement with Defendant B on the real estate listed in the separate sheet (hereinafter “the apartment of this case”) (hereinafter “mortgage agreement”). On April 29, 2014, the Changwon District Court received 51573, which received the maximum debt amount, KRW 60,000,000, the debtor C and the mortgagee B.

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