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(영문) 부산지방법원 동부지원 2018.07.25 2017가합104001
구상금
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 420,727,086 and KRW 258,609,964.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant A”) are the Defendant A (hereinafter “Defendant A”).

() At the time, Defendant A, the representative director of Defendant A, concluded a credit guarantee agreement with the following table, and issued a written credit guarantee agreement. At the time, Defendant A, the representative director of Defendant A, jointly and severally guaranteed the liability for indemnity to be borne by Defendant A to the Plaintiff for the future. On April 24, 2013 of the Credit Guarantee Agreement (F) 170,000,000 won (final 153,000,000 won) under the Credit Guarantee Agreement (final 21, 2017) on April 22, 2016 (final 20, 2017), Defendant A paid the Plaintiff the additional amount of indemnity and delayed payment from the payment date of the guaranteed obligation to the Plaintiff on January 10, 2014 (G) 25,000,000,000 won, but KB bank, however, on January 6, 2015, the Plaintiff’s additional amount of indemnity and delayed payment from the payment date of the guaranteed obligation to the Plaintiff’s discharge date.

B. On February 2, 2017, Defendant A did not pay interest on bank loans and caused a credit guarantee accident. Based on each credit guarantee agreement, the Plaintiff paid KRW 258,60,964 to Han Bank on April 26, 2017, and KRW 156,470,60 to Han Bank on April 28, 2017, respectively. (2) The sum of the Plaintiff’s claims for reimbursement regarding each credit guarantee agreement was KRW 420,727,086 (i.e., attempted penalty KRW 1,887,97,970) (i.e., attempted legal procedure costs of KRW 3,758,552 (ii), one bank subrogation amounting to KRW 258,609,964, 156,470,600).

C. Defendant B and Defendant A, C, SS Logistics Co., Ltd. (hereinafter “Defendant SS Logistics”) as to each real estate listed in the separate sheet No. 1 on December 2, 2016, Defendant B and the mortgagee, as to the real estate listed in the separate sheet No. 1, Defendant B, Inc. (hereinafter “Defendant SS Logistics”).

Ro.

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