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(영문) 부산지방법원 2014.01.16 2012가단222697
구상금
Text

1. Defendant A corporation, B, and D jointly and severally with the Plaintiff KRW 258,415,248 and KRW 257,887,08 among them shall be jointly and severally filed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 24, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with the coverage amount of KRW 285,00,000, and with the coverage period of August 22, 2012, and Defendant A borrowed KRW 300,000 from the Southern Bank around August 27, 2009 in accordance with the said credit guarantee agreement.

B. At the time of the above credit guarantee agreement, Defendant A agreed to pay the amount and damages for delay pursuant to the rate determined by the Plaintiff (15% per annum from June 1, 2005), if Defendant A failed to discharge the principal obligation within the term of guarantee, and the Plaintiff’s obligation to discharge the guaranteed obligation is not rescinded, Defendant B and D jointly guaranteed the obligation to pay the Plaintiff a penalty for attempted penalty according to the prescribed rate and calculation method as determined by the Plaintiff. Defendant B and D jointly guaranteed the obligation to pay the Plaintiff, such as the indemnity amount, according to the above credit guarantee agreement.

C. Upon the lapse of the loan period and the occurrence of a credit guarantee accident due to delinquency by Defendant A around August 22, 2012, the Plaintiff, as a guarantor under the said credit guarantee agreement, subrogated the Plaintiff to the bank in Seoul Special Metropolitan City on September 28, 2012 (i.e., the principal of the loan amounting to KRW 255,00,000,000).

In addition, according to the above credit guarantee accident, the penalty to be paid by Defendant A to the Plaintiff is KRW 528,160.

On April 18, 2012, Defendant B completed the registration of transfer of ownership on the ground of sale on the same day (hereinafter “instant sales contract”) with respect to F. F. 1469 square meters (hereinafter “the instant real estate”) in Gyeyang-do to Defendant E, who is the subject of purchase and sale (hereinafter “instant real estate”).

[Ground for Recognition: Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, 4-3, Gap evidence 5-3, purport of whole pleadings]

2. According to the above facts of recognition as to the claim against Defendant A, B, and D, Defendant A, B, and D jointly and severally file a claim amounting to KRW 258,415,248 with the Plaintiff (i.e., penalty amounting to KRW 257,887,08 for failed penalty amounting to KRW 528,160), and among them, KRW 257,887,08, which was the date of subrogation, from September 28, 2012.

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