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(영문) 서울중앙지방법원 2013.12.04 2012가합533846
구상금 등
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 280,39,383 and KRW 275,910,483 among them.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a credit guarantee agreement on April 10, 2009 (hereinafter “Defendant Company”)

(B) The credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) shall be determined by the credit guarantee agreement between April 10, 2009 and April 9, 2010 (the change between April 6, 2012 and April 2012) and KRW 300 million (270,000,000,000,000).

(2) According to the Credit Guarantee Agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendant Company provided the amount of the guaranteed obligation and its delay damages, legal procedure costs, additional guarantee fees, etc.

The rate of damages for delay determined by the Plaintiff is 15% per annum from June 1, 2005 to the date.

B. Defendant B and C entered into a joint and several guarantee agreement on April 10, 2009, with respect to the instant credit guarantee agreement with the Plaintiff of the Defendant Company, jointly and severally guaranteed all obligations under the credit guarantee agreement with the Plaintiff of the Defendant Company (hereinafter “instant joint and several guarantee agreement”).

C. On April 7, 2012, a credit guarantee accident occurred as principal and interest.

On July 12, 2012, the Plaintiff subrogated to the Bank for KRW 275,910,483, and KRW 3,139,640 as the unrefised claim preservation expense, and KRW 1,349,260 as the penalty.

(1) On November 25, 2011, the Defendant Company concluded a mortgage contract with Defendant D regarding each real estate listed in the separate sheet No. 1 (hereinafter “instant contract for creation of mortgage”).

(2) On April 16, 2012, the Defendant Company entered into a mortgage agreement with Defendant E, F, G, H, I, and each real estate listed in the separate sheet No. 1 (hereinafter “instant second collateral agreement”) on the ground of the said mortgage agreement. The Defendant Company entered into a mortgage agreement with Defendant D on November 25, 2011.

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