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(영문) 대전지방법원서산지원 2017.09.07 2016가합50398
구상금 등
Text

1. As to the Plaintiff’s joint and several costs of KRW 967,771,169 and KRW 967,76,479, among the costs, Defendant A and B’s joint and several costs.

Reasons

1. Basic facts

A. On December 24, 2008, the Plaintiff and Defendant A entered into a credit guarantee agreement, the joint and several guarantee agreement, and the Defendant A entered into a credit guarantee agreement with each of the principal guaranteed on December 14, 2009 (which was extended to December 9, 2016) with each of the amount of KRW 672 billion, KRW 368 million, and KRW 1 and 2,000,000, respectively, and the Defendant A, the husband of the Defendant A, guaranteed the Defendant A’s obligation to the Plaintiff under the said credit guarantee agreement.

B. On December 26, 2008, Defendant A borrowed KRW 840 million from Han Bank as corporate purchase fund, based on the credit guarantee agreement set forth in the above first credit guarantee agreement on December 26, 2008, and KRW 460 million on December 30, 2008, based on the second credit guarantee agreement set forth in the second credit guarantee agreement set forth in the second credit guarantee agreement set forth in December 30, 2008.

(hereinafter “instant loan”). C.

Defendant B, upon entering into a sales contract between Defendant B and Defendant C, had operated a D gas station on the real estate listed in the separate sheet, but on December 28, 2015, Defendant C, who was the same generation, sold all of the site and buildings of the gas station, facilities including the gas station business rights and inventory to the Defendant C, for KRW 295 million (hereinafter “instant sales contract”), KRW 150 million on the date of the contract, and the remainder payment is paid as the date of the contract, and Defendant C succeeded to the collateral obligation of the collateral security (right mortgagee: Hyundai Bank Co., Ltd., debtor: Defendant B, the maximum debt amount of KRW 220 million) on the real estate listed in the separate sheet in lieu of the remainder payment.

Defendant B completed the registration of transfer of ownership in the name of Defendant C with respect to the real estate stated in the separate sheet No. 59079, which was received on December 28, 2015, the Seosan Branch of Daejeon District Court and the registration of transfer of ownership in the name of Defendant C.

On February 18, 2016, in relation to the occurrence of the Defendant A’s credit guarantee accident and the Plaintiff’s subrogated loan of this case, the credit guarantee accident occurred due to delay in repayment of principal to Han Bank Co., Ltd. on February 18, 2016. The Plaintiff on March 22, 2016, totaling KRW 984,885,819 under the credit guarantee agreement with Han Bank Co., Ltd. on March 22, 2016 = 652,904,174.

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