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(영문) 대구지방법원 2016.02.05 2014가단108789
구상금 등
Text

1. Defendant A and Defendant B jointly and severally agreed with the Plaintiff, as to KRW 39,047,019 and KRW 38,271,346 of the said money.

Reasons

1. Basic facts

A. (1) The Plaintiff and Defendant A, who operated the Car Center in the name of “D”, guaranteed the repayment of the principal and interest of the loan of Defendant A on April 27, 2009 (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”).

(B) On April 26, 2010, the guarantee number E, 38,250,000 won on the same day, and the guarantee period was extended on April 25, 2014.

(2) The Defendant A issued a credit guarantee certificate, and Defendant A submitted the said credit guarantee certificate to grant a loan of KRW 38,250,000 from a national bank (hereinafter “instant loan”).

(2) At the time, Defendant A guaranteed the Plaintiff’s obligation under the instant credit guarantee agreement. (2) According to the instant credit guarantee agreement, Defendant B provided that, when the Plaintiff performed the credit guarantee obligation, the Defendant Company shall pay to the Plaintiff the amount of the performance of the guaranteed obligation, the amount of damages incurred in the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, the damages for delay incurred in the performance of the guaranteed obligation, the expenses incurred in the performance of the guaranteed obligation, and the damages for delay incurred in order to preserve, discharge, or execute the right acquired through the

3) On December 31, 2013, Defendant A delayed interest on the instant loan and caused a credit guarantee accident. On April 14, 2014, the Plaintiff repaid the loan amount of KRW 38,271,346 to the National Bank on behalf of the Defendant A, in subrogation of the Plaintiff, and paid KRW 775,673 by subrogation as legal procedure expenses, such as provisional attachment of the Defendant A’s property, to preserve the claim related to the instant credit guarantee agreement. (B) Defendant A paid KRW 75,673 by subrogation to the Defendant’s property. (1) Defendant A’s disposal of real estate, etc. on July 23, 2013.

1. The sales amount of each of the instant real estate stated (hereinafter “each of the instant real estate”) shall be KRW 340,000,000, and Defendant C shall be determined as the sales amount.

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