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(영문) 서울중앙지방법원 2016.09.05 2016가합509087
구상금 등
Text

1. Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 647,783,090 and KRW 647,781,923 among them.

Reasons

1. Facts of recognition;

A. In concluding a credit guarantee agreement and a joint and several sureties A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a credit guarantee agreement with the Plaintiff, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) agreed to pay the amount of performance of the Plaintiff’s guaranteed obligation when the Plaintiff performed the guaranteed obligation, and the delay interest rate determined by the Plaintiff from the date of performance to the date of repayment (12% per annum

(hereinafter “each credit guarantee agreement of this case”). Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligations under each credit guarantee agreement of this case.

The term of guarantee of the principal guaranteed on the agreed date (the first term of non-fixed term of guarantee) is KRW 680 million on September 4, 2007, which is KRW 680 million on September 4, 2008, and KRW 340 million on January 23, 2015, which is KRW 340 million on January 22, 2010, respectively.

The Defendant Company was granted a loan under a credit guarantee agreement of this case from the Industrial Bank of Korea on October 17, 2007 and January 23, 2009 (hereinafter “each of the loans in this case”).

C. On April 24, 2015, a credit guarantee accident occurred due to the delay in the interest of the Defendant Company (hereinafter “Defendant Company”).

On June 18, 2015, the Plaintiff subrogated for each of the loan obligations of this case and recovered KRW 3,551,740, and appropriated it for repayment of the principal of the subrogated payment.

Section 1-Guarantee 308,556,470 305,004,730 of the instant case’s Guarantee 2-Guarantee 342,777,193 342,77,193, and 651,33,63,663, 647,781,923

D. Defendant B and C shared, as a legal couple, the share of 1/2 shares of each of the real estate indicated in the separate sheet as to each of the following: (a) in order to secure a loan against Defendant B, ① the maximum debt amount of KRW 420,000,000, and ② the registration of creation of a neighboring mortgage of one bank was completed in sequence with the maximum debt amount of KRW 180,000,000,000,000 won (hereinafter “the instant real estate”).

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