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(영문) 서울고등법원 2017.08.18 2015나2055043
구상금 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff and the joint Defendant A of the first instance trial jointly with the Plaintiff enter into a credit guarantee agreement and conduct loans, and the Industrial Bank of Korea Co., Ltd. (hereinafter “The Bank”) shall be the funds for the operation of

(2) On September 21, 2012, A entered into a credit guarantee agreement with respect to a loan obligation to be borrowed from the Industrial Bank of Korea as follows. On December 23, 2010, at the first credit guarantee period (the change of the guarantee period) interest rate of 90,000,000 per annum 12% per annum ( December 19, 2014) of the second credit guarantee agreement with the first credit guarantee agreement on December 20, 2011, the second credit guarantee agreement was concluded on September 23, 201, annually 12% ( September 17, 2014), A received from the Industrial Bank of Korea a loan of 10,000,0000 as collateral, and received from the Industrial Bank of Korea a credit guarantee agreement on December 23, 2010, 200,000,000 as collateral, and received the loan of 10,000,010.

Each of the above periods of repayment was extended on December 19, 2014 and September 17, 2014 according to the change of the period of guarantee.

B. The occurrence of a credit guarantee accident and the Plaintiff’s credit guarantee liability 1) defaulted on the repayment of loans from September 18, 2014. On October 17, 2014, the Industrial Bank of Korea filed a claim against the Plaintiff for the performance of the guaranteed obligation on the ground that the credit guarantee accident occurred to the Plaintiff. (ii) On November 28, 2014, the Plaintiff subrogated the Industrial Bank of Korea for the payment of the principal and interest of loan KRW 181,025,73 [the principal and interest of loan under the first credit guarantee agreement + KRW 90,00,000 + interest KRW 250,456 + (the principal and interest of loan under the second credit guarantee agreement + KRW 90,000 + interest of KRW 775,277] under the second credit guarantee agreement].

As the plaintiff recovered KRW 72,490 from A on the same day, the amount of subrogation was KRW 180,953,243, and the penalty was paid KRW 297,610 and KRW 23 of the finalized damages.

C. On September 30, 2014, A and the Defendant’s conclusion of a sales contract and cancellation of the right to collateral security are only the Defendant, who is an employee of the gas station that he/she operates in excess of his/her obligation due to obligations, etc. to the Industrial Bank of Korea and the oil company.

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