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(영문) 서울중앙지방법원 2020.01.07 2018가단5140947
구상금 등 청구의 소
Text

1. As to KRW 188,152,694 and KRW 186,46,625 among the Plaintiff, Defendant A shall be from June 15, 2018 to May 9, 2019.

Reasons

1. Basic facts

A. On June 25, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the payment of the debt for corporate driving loans that Defendant A would receive from Nonparty A Co., Ltd. (hereinafter “Nonindicted Bank”), with the term “270,000,000 (Guarantee Rate 90%) and June 21, 2013” (hereinafter “the credit guarantee agreement in this case”) as the term “the credit guarantee agreement to guarantee the payment of the debt for corporate driving loans that Defendant A would have to receive from Nonparty D Co., Ltd. (hereinafter “Nonindicted Bank”).

(2) According to the instant credit guarantee agreement, the Plaintiff agreed to reimburse the amount of subrogation, damages for delay in accordance with the interest rate determined by the Plaintiff from the date of payment to the date of full payment, and other incidental obligations, for which the terms and conditions of the instant credit guarantee agreement were determined as “189,50,00 won, the maximum amount of the guaranteed liability, 246,415,000 won, the maximum amount of the guaranteed liability, 85%, and the term of guarantee until June 15, 2018.”

B. Around July 4, 2012, Defendant A received a credit guarantee certificate issued by the Plaintiff from the Plaintiff as collateral, and around March 4, 2018, Defendant A borrowed KRW 300,000,00 from the bank for business operation funds. From March 4, 2018, the occurrence of a guarantee accident which started with arrears and lost the benefit of time. On March 12, 2018, Nonparty A requested the performance of the guaranteed obligation when Nonparty A notified of a credit guarantee accident on March 12, 2018, the Plaintiff paid KRW 186,466,625 to Nonparty bank as the credit guarantee amount under the instant credit guarantee agreement, and the Plaintiff paid KRW 1,686,069 to the Plaintiff for compensation for the amount of indemnity.

C. Defendant A’s disposal of real estate indicated in the attached list of Defendant A (hereinafter “instant real estate”) is among the real estate indicated in the attached list.

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