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(영문) 창원지방법원 2016.02.04 2015가합31315
구상금
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 454,734,402 and KRW 452,335,380 among them.

Reasons

1. Facts of recognition;

A. 1) According to the credit guarantee agreement, the Plaintiff entered into a credit guarantee agreement as set forth in the table 1, and issued a credit guarantee agreement to an enterprise bank. On March 20, 2015, according to the above credit guarantee agreement as of March 18, 2015, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company A shall pay to the Plaintiff the amount of the guaranteed obligation, the legal procedure cost, and the damages for delay in accordance with the rate determined by the Plaintiff (12%) as to the amount of the guaranteed obligation repayment (12% per annum).

3) On March 20, 2013, Defendant A Co., Ltd. was granted a loan from an enterprise bank as shown in the table 2 below. Defendant A Co., Ltd. entered into a joint and several guarantee agreement with the Plaintiff, whereby Defendant A would be jointly and severally liable for all the obligations owed by Defendant A pursuant to the said credit guarantee agreement.

B. The conclusion of each contract to establish a mortgage and the supply of goods by Defendant Il Metal Co., Ltd. 1 and Defendant Il Metal Co., Ltd. on April 14, 2014

2. As to real estate recorded in the list of real estate, the Defendant Company A and the mortgagee: (a) entered into a mortgage agreement with the effect that “the maximum amount of claims: 200,000,000 won” and “the obligor: (b) the Defendant Company A and the mortgagee: (c) entered into a mortgage agreement with the Defendant Il Metal Co., Ltd.” (hereinafter “instant mortgage agreement”); and (d) on April 30, 2014, the Defendant Co., Ltd completed the registration of creation of a neighboring mortgage under Article 23038 of the receipt of machines, such as

2. Defendant Il Metal Co., Ltd. shall establish a right to collateral security on the first day of the instant case to Defendant A.

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