logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.30 2014가합536597
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 115,548,340 and KRW 112,98,402 among them.

Reasons

1. Basic facts

A. On April 18, 2013, the Plaintiff entered into a credit guarantee agreement for KRW 112 million (hereinafter “the instant credit guarantee agreement”) with Defendant A Agricultural Association Corporation (hereinafter “A”) among the obligations that Defendant A would receive from Defendant A Incorporated Bank (hereinafter “CF”) under the joint and several guarantee agreement of Defendant B (hereinafter “instant joint and several guarantee agreement”).

Accordingly, Defendant A borrowed KRW 140 million from the Nonghyup Bank on May 6, 2013.

B. The Plaintiff lost the benefit of the deadline on September 24, 2013 due to the delay in payment of interest by Defendant A, and on October 31, 2013, the Plaintiff subrogated for KRW 113,543,482 to the Nonghyup Bank.

C. On October 31, 2013, the Plaintiff received reimbursement of KRW 505,080,080 from Defendant A, respectively, and KRW 50,000,000 from November 21, 2013, and recovered KRW 490,562 after paying KRW 3,049,973 to preserve the claim for reimbursement due to the said subrogation.

The rate of damages for delay under the credit guarantee contract of this case is 12% per annum.

Attached Form

With respect to each of the real estate listed in the list (hereinafter “each of the instant real estate”), on August 21, 2013, Defendant B concluded with Defendant C a contract to establish each of the following mortgage (hereinafter “each of the instant real estate”) on August 21, 2013: (a) the entry of the order No. 2-A; (b) the entry of the order No. 2-B-B-B-2; and (c) August 27, 2013 with Defendant E; and (b) the establishment of each of the instant mortgage agreements listed in the order No. 2-D-2; and (c) completed the registration

[Reasons for Recognition] (1) The fact that there is no dispute between the plaintiff and the defendant E, the fact that the plaintiff is the plaintiff, the entries in Gap 1 through 6 (including the paper numbers), the purport of the whole pleadings, and the purport of the whole pleadings.

2. According to the facts acknowledged in paragraph (1) of the determination as to the claim against Defendant A and B, Defendant A and B shall jointly and severally serve as the Plaintiff, and the sum of the subrogated payment and the collection of claims = 115,547,813 = KRW 113,543,482.

arrow