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(영문) 서울중앙지방법원 2015.10.28 2015가합502744
구상금 등 청구의 소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant A Co., Ltd and B shall jointly and severally serve as the Plaintiff KRW 334,110,818.

Reasons

The summary of the case is that the Plaintiff sought reimbursement from Defendant Company B, B, and C under a credit guarantee agreement, while the real estate sales contract between Defendant B (debtor) and Defendant D (beneficiary) and the mortgage contract between Defendant C (debtor) and Defendant E (beneficiary) are fraudulent acts.

Whether the lawsuit against Defendant C is lawful or not, Defendant C was declared bankrupt on June 18, 2015 by Seoul Central District Court 2015Hadan2547, and the bankruptcy procedure is in progress.

The Plaintiff’s claim for indemnity against Defendant C constitutes a bankruptcy claim, and the bankruptcy trustee appears to be clearly confirmed by the process or nature of the occurrence. Therefore, the Plaintiff’s claim for indemnity against the Defendant C shall be dismissed by deeming that there is no benefit of lawsuit.

On September 10, 2013, Defendant Company entered into a credit guarantee agreement on the premise of the claim against Defendant D and E and obtained a loan of KRW 380 million from the Industrial Bank of Korea on September 10, 2013 by entering into a credit guarantee agreement with the Plaintiff on September 10, 2014 and obtaining a credit guarantee agreement on September 10, 2014.

Defendant B and the auditor, the representative director of the Defendant Company, and Defendant C (Defendant B’s wife) jointly and severally guaranteed the obligation of the Defendant Company to the Plaintiff under the said credit guarantee agreement.

According to the above credit guarantee agreement, when the plaintiff has been notified of a credit guarantee accident, the principal debtor and the joint guarantor shall bear the obligation to repay in advance without the plaintiff's prior notice or demand, and when the plaintiff has discharged the guaranteed obligation, the principal debtor and the joint guarantor shall pay the amount of the guaranteed obligation and the damages for delay calculated at the rate prescribed by the plaintiff (15%) from the date of the performance of the guaranteed obligation to the date of repayment, compensation for execution

On August 29, 2014, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a guarantee accident.

2.3.

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