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(영문) 대전지방법원 2012.12.04 2012나101143
구상금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The plaintiff, the defendant A farming association corporation, and B are jointly and severally liable for 17.

Reasons

1. Facts of recognition;

A. On June 24, 2010, the Plaintiff entered into a guarantee agreement (hereinafter “guarantee agreement between the Plaintiff and the Defendant corporation”) with the Defendant corporation, and with the Defendant corporation’s debt incurred by obtaining a loan from the Industrial Bank of Korea (hereinafter “Industrial Bank”), which provides that the guaranteed principal shall be KRW 50 million (entire guarantee rate), and that the term of guarantee shall be set and guaranteed until June 23, 201 (hereinafter “the guarantee agreement between the Plaintiff and the Defendant corporation”). Defendant B and D jointly and severally guaranteed the Plaintiff’s debt to the Defendant corporation under the guarantee agreement between the Plaintiff and the Defendant corporation.

B. Article 10 of the Guarantee Agreement of the Plaintiff and the Defendant Corporation provides that the Plaintiff shall pay to the Plaintiff the amount of the Plaintiff’s guaranteed obligation (Paragraph 1) and the damages for delay calculated by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment (Paragraph 2), and the expenses incurred in the enforcement, preservation, exercise, and legal procedure of the claim for reimbursement (Paragraph 4).

C. Around June 25, 2010, the Defendant Corporation received a loan of KRW 50 million from an enterprise bank, and the Plaintiff guaranteed the above loan obligations to the Defendant Corporation’s enterprise bank under a guarantee agreement between the Plaintiff and the Defendant Corporation.

(hereinafter referred to as "the guarantee agreement between the plaintiff and the enterprise bank". In addition, in order to secure the above principal and interest of loan, the enterprise bank completed the registration of establishment of a neighboring mortgage (hereinafter referred to as "mortgage-mortgage") with respect to the E-Do, Chungcheongnam-gun, Chungcheongnam-gun and its ground buildings owned by the defendant corporation.

On October 26, 2010, the natural body of the defendant corporation caused a credit guarantee accident, and the plaintiff paid KRW 51,216,419 to the corporate bank on March 25, 201 at the request of the corporate bank.

In addition, for the purpose of preserving the claim for indemnity against Defendant corporation and B arising therefrom, the Plaintiff filed an application for provisional attachment against the above Defendants’ property, etc.

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