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(영문) 서울동부지방법원 2017.07.13 2015가합104181
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 281,181,859 and Defendant B, C, and D with respect thereto on September 19, 2014.

Reasons

1. Facts of recognition;

A. On June 12, 2009, the Korea Credit Guarantee Fund entered into a credit guarantee agreement with F Co., Ltd. (hereinafter “F”) and the Korea Credit Guarantee Fund to guarantee the payment of principal and interest payable to F to the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”) by setting the period of guarantee as 285 million won and the period of guarantee extended on June 11, 2010 (e.g., the extension to June 5, 2014).

At the time, the Defendants jointly and severally guaranteed the indemnity liability owed by F to the Credit Guarantee Fund in accordance with the Credit Guarantee Agreement.

B. On July 20, 2013, the Plaintiff and F concluded a sales contract with the content that the Plaintiff purchased the land for the land for the land for the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the land of the Plaintiff on July 20, 2013 from F, and the Plaintiff completed the registration of ownership transfer on July 20, 2013 for the instant real estate.

C. Since then, a credit guarantee accident occurred due to the overdue payment of the F’s principal and interest of loan, and the Credit Guarantee Fund completed a provisional disposition against the prohibition of the disposal of the instant real estate as the right to claim restitution due to the revocation of the fraudulent act in order to preserve the F’s prior claim for reimbursement against F on February 6, 2014.

On September 19, 2014, the Plaintiff paid KRW 281,181,859 to the Credit Guarantee Fund, and issued to the Plaintiff a certificate of repayment that the Credit Guarantee Fund proves that it was paid a F’s reimbursement obligation under the Credit Guarantee Agreement.

In addition, the Credit Guarantee Fund withdrawn the application for provisional disposition on September 22, 2014 and applied for the rescission of the enforcement.

[Ground of recognition] Defendant B Co., Ltd., C: A without dispute, entry in Gap evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings, Defendant D, and E: Confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of determination, the Defendants, a joint and several surety of the instant agreement, are co-sureties of the instant agreement by the Plaintiff on September 19, 2014 by subrogation of F’s liability for reimbursement to the Credit Guarantee Fund.

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