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(영문) 서울고등법원 2015.06.05 2014나2048611
구상금 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. 1) The Plaintiff Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial.

) On November 24, 2010, a credit guarantee agreement was concluded with A in order for A to obtain a loan for business funds (hereinafter “instant credit guarantee agreement”).

(2) On the same day, the co-defendant C (hereinafter “C”) of the first instance court, who was a representative director A, had worked in the past, was jointly and severally and severally liable for reimbursement that A owes to the Plaintiff according to the credit guarantee agreement in this case.

3) The instant credit guarantee agreement provides a guarantee to the Plaintiff on November 24, 201, with the credit guarantee principal amounting to KRW 270 million as to the principal and interest of loan obligation of the Plaintiff, and the credit guarantee term is extended to November 24, 201 (hereinafter referred to as “the extension to November 22, 2013”), and A shall pay the prescribed guarantee fee, and where the Plaintiff fulfilled the guarantee obligation under the said credit guarantee agreement, A shall pay the amount subrogated by the Plaintiff and the expenses incidental thereto. (b) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation by the Plaintiff (hereinafter referred to as “Korea Bank”) have received a credit guarantee certificate issued by the Plaintiff in accordance with the instant credit guarantee agreement and received a loan of KRW 300 million.

2) On November 23, 2013, A had a guarantee accident caused by delinquency in paying the principal of loans to our bank (hereinafter “the instant credit guarantee accident”).

(C) On December 13, 2013, the Plaintiff paid to the Bank the sum of the principal and interest of KRW 182,061,566, on March 14, 2014. The conclusion of a mortgage contract is a real estate listed in the separate sheet, which is the only real estate (hereinafter “instant real estate”) between the Defendant and the Defendant.

3) As to the establishment of a mortgage contract, the mortgage contract is concluded (hereinafter “mortgage contract”).

On December 16, 2013, the Incheon District Court's Gyeyang registry office was received by the defendant.

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