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(영문) 서울중앙지방법원 2016.05.25 2015가단5330091
구상금
Text

1. As to the Plaintiff, Defendant A and Defendant B jointly and severally with KRW 171,44,04 and KRW 170,738,724 among them, respectively.

Reasons

1. Basic facts (i) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) paid damages for the principal and interest of loans extended from the Industrial Bank of Korea (hereinafter “Industrial Bank”) as to the obligation of the principal and interest of loans, the Plaintiff provided credit guarantee under the Credit Guarantee Fund Act with the content that the principal of the credit guarantee principal is KRW 170,000,000, and the period of credit guarantee from March 28, 2014 to March 27, 2015. If the Defendant Co., Ltd. failed to perform its obligation to the Non-Party Bank, and the Plaintiff fulfilled its obligation due to the failure of the Defendant Co., Ltd. to perform its obligation to the Non-Party Bank, the Plaintiff would pay without delay the amount of damages for the contract under the prescribed rate from the payment date to the full payment date of the reimbursement obligation (12% per annum from the date of December 1, 2012 to the date of the Plaintiff.

B. On August 17, 2015, the management status of the Defendant Company aggravated, resulting in the occurrence of a credit guarantee accident due to this natural body, and accordingly, the Plaintiff subrogated for KRW 170,000,000 and the total amount of the loan principal of Nonparty Bank KRW 2,010,224 to Nonparty Bank on September 25, 2015.

Since 1,271,50 won was recovered and appropriated for the principal of the claim for reimbursement of the subrogated amount under the above contract, the total amount of the claim for reimbursement of the subrogated amount is KRW 170,738,724, and the plaintiff acquired the claim for confirmation of damages of KRW 418 and the claim for substitute payment of KRW 704,862.

Article 22(1) of the Civil Act provides that “The Defendant Company shall file for registration with Defendant C on May 30, 2015 (hereinafter “instant sales contract”) on each of the real estate listed in the separate sheet (hereinafter “instant real estate”), and the Defendant Company filed for registration of the transfer of ownership on July 8, 2015, respectively.

x) Defendant C was the mortgagee of the instant real estate on July 8, 2015, who affixed the same seal as the date of the registration of the transfer.

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