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(영문) 인천지방법원 2014.03.28 2012가단219434
구상금
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 368,685,712 and KRW 365,017,695 among them, respectively.

Reasons

1. Basic facts

A. On April 24, 2008, the Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) as follows.

In addition, the Plaintiff entered into a joint and several guarantee agreement between Defendant A and Defendant B on the same day for all obligations that Defendant A owes to the Plaintiff according to the aforementioned credit guarantee agreement.

Guarantee Number: The guarantee period of KRW 400 million (in this case, 360 million won shall be changed): A lending bank on April 23, 2009 (the change to April 20, 2012): A lending bank shall reimburse the amount of loans of KRW 500 million and the amount of loans of KRW 500 million multiplied by the rate as determined by the Plaintiff (15% per annum from June 1, 2005 to June 1, 2005) and the amount of loans of KRW 500 million multiplied by the amount of the loan and the rate as determined by the Plaintiff (15% per annum) from the date on which the guaranteed obligation is discharged to the date on which the obligation is repaid.

B. Defendant A obtained a loan of KRW 500 million from a national bank as security under the said credit guarantee agreement, and on February 14, 2012, a credit guarantee accident occurred due to the said loan interest and arrears.

On March 30, 2012, the Plaintiff subrogated to the above national bank of KRW 365,328,375 in total for the principal and interest of the loans of Defendant A, and collected KRW 310,680 on the same day and collected KRW 310,680 on March 30, 2012, the details of the Plaintiff’s claim for indemnity against Defendant A and B are as listed below.

B G

C. Meanwhile, on November 3, 2011, Defendant B entered into a sales contract (hereinafter “instant first sales contract”) with Defendant C on the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”) and entered into a sales contract with Defendant C on November 25, 201 with respect to the registration of transfer of ownership on the ground of the said sale, and the registration of transfer of ownership with Defendant C on December 19, 201, on December 19, 201, each of the real estate listed in paragraphs 2 and 3 of the attached Table No. 2 and 3 (hereinafter “instant real estate No. 2 and 3”) (hereinafter “instant sales contract”) and on February 2, 2012.

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