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(영문) 서울고등법원 2016.01.15 2015나2012206
구상금 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

Basic Facts

On May 27, 2010, the Plaintiff issued to the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance trial, a credit guarantee form with the guarantee term of KRW 722,50,000, and the guarantee term of May 26, 201, Han Bank Co., Ltd. (hereinafter “I Bank”), the guarantee amount of KRW 144,40,000 as of May 23, 2013, and the guarantee term of KRW 144,40,00 as of May 22, 2014, respectively.

In the above credit guarantee agreement, the Plaintiff and A agreed to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from the amount of repayment and the date of repayment to the date of full payment. Co-Defendant B (hereinafter “B”), and Co-Defendant B (hereinafter “B”), and C Co-Defendant A under the above credit guarantee agreement.

A, based on the above credit guarantee form, borrowed 850,000,000 won from one bank, and 180,000,000 won from the National Bank respectively. On March 10, 2014, A lost the benefit of time for each of the above loans due to delinquency in principal, etc.

Accordingly, on May 30, 2014, the Plaintiff paid a loan of KRW 145,931,256 to a national bank, and a loan of KRW 657,048,919 to a single bank on June 23, 2014, respectively, in accordance with the aforementioned credit guarantee agreement.

B The sales contract B between the defendant and the representative director of A, and E who is the father of the defendant is an employee working for A.

Each of the instant real estates was originally registered under B’s name, but the maximum debt amount of KRW 288,00,000,000 on May 21, 2013, and the right to collateral security against the debtor B was completed.

After November 6, 2013, the registration of ownership transfer was completed in the name of the defendant on the ground of sale on October 31, 2013, and the registration of ownership transfer was cancelled on the ground of termination on January 6, 2014.

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