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(영문) 대전지방법원 2018.02.08 2016가합107725
구상금 등
Text

1. Defendant Incorporated Company A and B are jointly and severally liable to the Plaintiff for KRW 271,243,425 and KRW 269,834,206 among them.

Reasons

The part concerning Defendant Incorporated Incorporated Company A, B, and C among the grounds for the attached Form of the claim for judgment against Defendant Incorporated Company A, B, and C.

On April 11, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant Incorporated Incorporated Company A (hereinafter “Defendant Company”) with a credit guarantee principal of KRW 270 million in order to guarantee the repayment of principal and interest of loan, and a credit guarantee agreement as of April 8, 2016 (hereinafter “credit guarantee agreement of this case”) under the term of guarantee (hereinafter “credit guarantee agreement of this case”) and issued a written credit guarantee agreement to the Defendant Company.

Defendant Company was loaned KRW 300 million by Han Bank (hereinafter “ Han Bank”) pursuant to the instant credit guarantee agreement.

On December 7, 2015, E, a creditor of the Defendant Company, applied for a compulsory auction of the instant real estate on the instant real estate and started an auction with the Daejeon District Court official Security SupportF on December 7, 2015. On March 22, 2016, when E withdraws the said compulsory auction between E and E, the Defendant Company agreed to set up a collateral security right in the future for Defendant D, a person designated by the Defendant Company, and repay the existing amount of KRW 85 million to E until April 25, 2016.

On March 25, 2016, according to the above agreement, the Defendant Company entered into a mortgage agreement with Defendant D regarding the real estate listed in paragraph (3) of the attached Table, which is the only property of the Defendant Company (hereinafter “instant real estate”) as indicated in the attached Table No. 3, which is the only property of the Defendant Company (hereinafter “instant real estate”) and the market price of KRW 215,072,00,000 (hereinafter “instant mortgage agreement”), and on the same day, the establishment registration of mortgage was completed in the future of Defendant D on the same day.

On April 8, 2016, the Plaintiff entered into a credit guarantee agreement between the Defendant Company with a renewal guarantee of the instant credit guarantee agreement, which set forth as the credit guarantee principal of KRW 270 million, and as of April 7, 2021, and the Defendant Company according to the Plaintiff’s “Standards for the Operation of Renewal Guarantee”.

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