logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2014.02.07 2013가합100766
구상금 등
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 344,636,30 and KRW 342,584,930 among them, from November 22, 2012.

Reasons

1. Basic facts

A. The purpose of the Plaintiff is to contribute to the development of the national economy by ensuring the debt of an enterprise which lacks security capacity and facilitating the financing of the enterprise.

(2) H Co., Ltd. (hereinafter “H”) is a manufacturing company that requested the Plaintiff to provide credit guarantee.

(3) Defendant B is the representative director of the non-party company, Defendant A is the punishment of Defendant B, and Defendant C is the wife of Defendant B.

(4) The defendant D transferred the ownership of each real estate listed in the separate sheet (1), (2), and (3) from the defendant A, and the defendant E transferred the ownership of the real estate listed in the separate sheet (4) from the defendant A.

(hereinafter referred to as “instant real estate”). (5) Defendant A is pro rata to J as an elementary school as the wife of I and I, and Defendant D is the children of the IJ in accordance with the attached list number.

(6) Defendant F is a person with whom the right to collateral security on the instant real estate No. 5 was established by Defendant B.

B. (1) On March 31, 2008, the Plaintiff provided a credit guarantee within the limit of KRW 170 million with respect to a general loan that the non-party company would receive from the Daegu Bank. Defendant A, B, and C provided a joint and several guarantee for a reimbursement obligation under the above credit guarantee agreement. The non-party company submitted the credit guarantee certificate to the Daegu Bank and received a loan of KRW 170 million.

(2) On December 23, 2010, the Plaintiff provided credit guarantee within the scope of KRW 170 million with respect to a general loan to be received from a new bank by the non-party company. Defendant A, B, and C provided joint and several guarantee with respect to a liability for indemnity under the above credit guarantee agreement. The non-party company submitted the credit guarantee certificate to the new bank and borrowed KRW 170 million to the new bank.

(3) Each of the above loan agreements and credit guarantee agreements has been renewed every year.

C. The Plaintiff’s subrogation (1) Nonparty Company is the company on December 2012.

arrow