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(영문) 서울중앙지방법원 2015.09.04 2015나26152
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial on obtaining a loan from the Industrial Bank of Korea, and the Co-Defendant B and B wife of the first instance trial, a representative director, jointly and severally guaranteed all the obligations that A owes to the Plaintiff pursuant to the said credit guarantee agreement.

The amount of guarantee on the date of issuance of a letter of guarantee (the amount of guarantee extended) 1.20 million won (the amount of guarantee extended) on December 5, 2008 (the amount of 76,500,000 won) (the amount of 76,500,000 won) on December 4, 2009 ( November 28, 2014) 300,000,000 won on March 19, 2010 March 18, 2010 ( March 14, 2014) 3, 20,000,000 won on March 19, 209 (160,000,000 won) (160,000,000 won) on March 18, 2010 ( March 14, 2014)

B. On February 18, 2014, A lost the benefit of time due to delinquency in interest on loans. The Plaintiff, on April 4, 2014, subrogated for KRW 541,880,631 to the Industrial Bank of Korea on behalf of the Plaintiff, collected KRW 1,722,030 from A and collected KRW 540,158,601.

The final damages incurred by the time of the above recovery are KRW 566, KRW 378,080, and the expenses for the preservation of claims are KRW 816,057.

다. C는 A의 대출금 이자 연체 직전인 2014. 2. 9. 제부(弟夫)인 피고에게 이 사건 토지를 매도(이하 ‘이 사건 매매계약’이라 한다)하고, 매매계약 다음날인 2014. 2. 10. 소유권이전등기까지 마쳐주었다.

At the time of the instant sales contract, C was in excess of its obligation.

At the time of the instant sales contract, the registration of the establishment of a mortgage was completed, but all of the following was cancelled.

On February 11, 2014, 200, F. 50,000,000 won on August 28, 2014 on the date of registration of cancellation of the maximum maximum debt amount of the right to collateral security, the registration date of cancellation of the right to collateral security, 1 J.S.C. on the date of registration of cancellation of the right to collateral security, 50,000 won on August 28, 2014 / [based on recognition] was without dispute, 50,000 won on November 28, 2013 / [No. 4, 7, 12 through 15, Ra, Ra No. 4, Ra No. 7, and Ra No. 7, respectively, (including each number), the J.S. branch of the first instance court’s J.CF branch (hereinafter referred to as “DFFC”), the Ministry of Land, Infrastructure and Transport, and NH Savings

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