logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.12.22 2017나2032877
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. H Co., Ltd. (hereinafter “H”) 1) Credit Guarantee Agreement between H and the Korea Technology Credit Guarantee Fund

On November 12, 2001, the Korea Technology Credit Guarantee Fund and creditors new banks, credit guarantee type loans, credit guarantee principal 340,000,000 won, and due date of November 12, 2002, concluded a credit guarantee agreement with the Defendants. 2) Joint Defendants B, C, E, and G of the first instance trial jointly and severally guaranteed the indemnity obligation borne by H to the Korea Technology Credit Guarantee Fund in accordance with the said credit guarantee agreement.

3) The above credit guarantee agreement and joint and several sureties agreement have been renewed continuously.B. Provisional seizure 1) H lost the benefit of time due to loans owed to new banks under the above credit guarantee agreement around the end of 2004.

2) Accordingly, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) on January 18, 2005 and 17,752 square meters of J forest and 23,802 square meters of K forest and 23,802 square meters of land (hereinafter “instant land”).

C. The Plaintiff’s subrogation 1) as the Korea Technology Credit Guarantee Fund provisionally attached the instant land, and the Plaintiff purchased the instant land from I around April 2006 proposed that H, Defendants, I, and co-defendants of the first instance court pay their debts to the Korea Technology Credit Guarantee Fund.

2) H, Defendants, B, E, G, and I accepted the Plaintiff’s request. On April 20, 2006, the Plaintiff repaid KRW 350,000,000, including the principal and interest of the loan and the legal action cost, to the Korea Technology Credit Guarantee Fund (hereinafter “instant subrogation”).

3) On July 13, 2006, the Korea Technology Credit Guarantee Fund repaid 347,293,698 won and interest on a loan to the new bank by subrogation of H.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 4 and 5 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff is the subrogation of this case.

arrow