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(영문) 서울중앙지방법원 2015.10.28 2015가합501611
구상금 등
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 976,414,398 out of KRW 986,618,463 and the said money.

Reasons

1. Basic facts

A. On June 27, 2011, the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant Company”) are the Defendant Company A (hereinafter “Defendant Company”).

B) As regards the loan of each of the small and medium enterprise funds of KRW 600 and KRW 500 million from the Industrial Bank of Korea, the Defendant Company’s credit guarantee principal amount to KRW 540 million for the loan of KRW 600 million, and KRW 450 million for the loan of KRW 500 million, and the credit guarantee term is extended until June 27, 2012, respectively (hereinafter “each of the credit guarantee agreements of this case”).

The Defendant Company concluded a guarantee number F and G each credit guarantee certificate, and the Defendant Company issued a guarantee number F and G credit guarantee certificate, and the Defendant Company’s Small and Medium Business Fund of KRW 600 million and KRW 500 million from the Industrial Bank of Korea (hereinafter “instant loan”).

(2) On June 27, 201, Defendant B and C jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff in accordance with the respective credit guarantee agreements.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) occurred due to the suspension of current account transactions due to the shortage of deposits on March 25, 2014. The Plaintiff paid the Bank the principal and interest of the instant loan amounting to KRW 976,414,398 on August 29, 2014. (2) Meanwhile, on or after December 1, 2012, the interest rate for delay under each of the instant credit guarantee agreements was 12% per annum, and the amount not recovered out of the legal costs incurred by the Plaintiff for the purpose of preserving the claim for indemnity due to the said subrogation is 7,681,605 won, and additional guarantee fees under each of the instant credit guarantee agreements are 2,522,460 won.

C. Defendant B’s disposal of real property 1) On March 27, 2014, Defendant B’s real estate Nos. 1 and 2 as indicated in the separate sheet (hereinafter “instant real estate Nos. 1 and 2”) with Defendant D on March 27, 2014

on March 25, 2014, respectively.

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