logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2021.01.13 2019가단121830
구상금
Text

Defendant A and B jointly and severally with the Plaintiff KRW 12,491,227 as well as KRW 12,063,596 as to the Plaintiff’s KRW 12,063,59.

Reasons

1. Facts of recognition;

A. On July 13, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A with the content that the principal of the credit guarantee shall be KRW 15,000,000 for the principal and the term shall expire on July 12, 2018. Defendant B jointly and severally guaranteed the Plaintiff’s liability for indemnity pursuant to the instant credit guarantee agreement.

B. Under the instant credit guarantee agreement, Defendant A was loaned KRW 15,000,000 from D banks.

(c)

Defendant A delayed the debt of the loan and caused an accident of guarantee on July 13, 2019. Accordingly, the Plaintiff subrogated to the D Bank on August 29, 2019 and repaid KRW 12,063,596 on behalf of the Plaintiff, and the provisional payment to be made by Defendant A is KRW 39,821, and the additional payment to be made is KRW 27,810.

(d)

On July 4, 2019, Defendant B entered into a mortgage agreement with Defendant C on the attached property (hereinafter “instant real property”) with the maximum amount of KRW 25,000,000 with respect to the claim amounting to KRW 25,00,000. On the same day, Defendant C completed the registration of establishment of the right to collateral security, which was completed as of July 4, 2019 as of the instant real property, with respect to the Daejeon District Court’s Incheon District Court’s Incheon District Court Decision 60613.

E. At the time of concluding the instant mortgage contract, Defendant B was the sole active property of the instant real estate.

[Grounds for Recognition: Descriptions of Evidence of Nos. 1 through 6 and the purport of the whole pleadings]

2. According to the facts of the determination as to the claim for indemnity against Defendant A and B, the defendant A is obligated to pay as the principal debt administrator, and the defendant B, as the joint guarantor, the total sum of KRW 12,491,227 (won 12,063,596, KRW 399,821, KRW 27,810) and the principal amount of KRW 12,063,596, which is the date of subrogation repayment, from August 29, 2019 to December 31, 2019, which is the date of delivery of a copy of the complaint of this case from August 29, 2019 to December 31, 2019, the agreed interest rate of KRW 9%, which is the annual interest rate of KRW 12% as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, to the date of full payment.

3. Determination as to the claim for revocation of an intentional act against Defendant C

(a) preserved claims;

arrow