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(영문) 서울중앙지방법원 2016.09.23 2015가합578475
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant A and B jointly and severally KRW 373,447,952 and KRW 372,509,532 among them, Defendant A and B shall be jointly and severally liable for damages incurred to the Plaintiff on November 20, 2015.

Reasons

1. Facts of recognition;

A. (1) On May 21, 2014, the Plaintiff (hereinafter “A”) is the Defendant A Co., Ltd. (hereinafter “A”).

The credit guarantee agreement between the Plaintiff and the credit guarantee agreement between KRW 900,000,000 and May 20, 202, setting the credit guarantee principal as the credit guarantee rate of KRW 90,00,00 and KRW 90,000,00,000,000,000.

(2) At that time, the Plaintiff and the Defendant A agreed to pay the Plaintiff the amount of the Plaintiff’s loan by subrogation for the performance of the guaranteed obligation, (1) the amount of the Defendant A’s performance of the guaranteed obligation, (2) the amount calculated by the percentage determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of the full payment of the guaranteed obligation to the date of the full payment of the guaranteed obligation, (12% per annum from December 1, 2012 to the date of the completion of the argument in this case), and (3) the expenses incurred for the preservation of the right acquired through the performance of the guaranteed obligation. (2) The Defendant B, the representative director of the Defendant A, as of

B. 1) On July 18, 2014, Defendant A, based on the instant credit guarantee agreement, is an enterprise bank (former trade name: Industrial Bank of Korea; hereinafter “Corporate Bank”).

(1) 1 billion won (hereinafter referred to as “instant loan”)

(2) On May 20, 202, the Plaintiff extended a loan to a company bank on July 18, 2015, but delayed payment of interest from July 18, 2015, and lost the benefit of the term of the instant loan obligation on September 7, 2015. (2) On November 20, 2015, pursuant to the credit guarantee agreement of this case, the Plaintiff paid to the company bank the balance of the instant loan and its interest totaling KRW 372,509,532 (= Principal KRW 367,290,000, KRW 5,219,532). In addition, the Plaintiff paid KRW 938,420 to file an application for provisional disposition to preserve the right of indemnity.

C. 1) Defendant B, his father on July 2, 2015, is each of the real estate listed in the separate sheet in the market value of KRW 428,841,880 (hereinafter “each of the instant real estate”).

B. 240 million won.

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