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(영문) 서울중앙지방법원 2016.06.15 2015가단5293499
구상금 등 청구의 소
Text

1. As to Defendant A Co., Ltd and B’s joint and several liability for KRW 130,00,418 and KRW 129,559,358 among them, Defendant A Co., Ltd. and B, on July 30, 2015.

Reasons

1. Facts of recognition;

A. On July 24, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”) with a period of KRW 127,50,000, and the guarantee period on July 24, 2014 (hereinafter referred to as the “credit guarantee agreement of this case”); Defendant B jointly and severally guaranteed the obligation under the said credit guarantee agreement of Defendant A on the same day; Defendant A provided a credit guarantee certificate issued by the Plaintiff; and thereafter, Defendant A borrowed funds from Korea Exchange Bank (hereinafter referred to as “Korea Exchange Bank”); and thereafter, the period of guarantee was changed on July 24, 2015.

B. At the time of the above credit guarantee agreement, Defendant A and B agreed to pay additional guarantee fees and legal procedure expenses when the Plaintiff performed the guaranteed obligation, and to pay damages for delay in accordance with the interest rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment.

C. From March 13, 2015, Defendant A caused a credit guarantee accident on May 11, 2015, where the interest on a loan was not paid to Korea Exchange Bank. On July 30, 2015, the Plaintiff subrogated to Korea Exchange Bank for the payment of KRW 129,559,358 (i.e., the principal of the debt at KRW 127,50,000,000 (i.e., the interest at KRW 2,059,358) from March 13, 2015 to July 29, 2015. Meanwhile, the additional guarantee fee under the instant credit guarantee contract is KRW 33,180, the legal procedure cost is KRW 407,80, and the interest rate on the repayment of the guaranteed obligation determined by the Plaintiff is 12% per annum from July 30, 2015 to July 12, 2015.

E. On March 17, 2015, Defendant B entered into a sales contract for each of the real estate listed in the separate sheet (hereinafter “instant sales contract”) (hereinafter “each of the instant real estate”) with Defendant C, which was closely related to his/her business for a considerable period of time as an employee motive, and registered the ownership transfer to Defendant C on March 23, 2015.

F. Defendant B around March 17, 2015, which was at the time of the instant sales contract.

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