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(영문) 대구지방법원서부지원 2016.11.15 2015가단39115
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 26,947,467 and KRW 25,921,447, as to September 3, 2015.

Reasons

Basic Facts

On May 29, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) with respect to the obligation of loans of KRW 30 million to the Daegu Bank of the Defendant Company as the guaranteed amount of KRW 25,500,000, and the guaranteed term of KRW 22 May 22, 2013 (the extension to May 20, 2015), and the Defendant B jointly and severally guaranteed all the obligations owed to the Plaintiff by the Defendant Company with respect to the credit guarantee agreement.

According to the above credit guarantee agreement, when the plaintiff performs the guaranteed obligation, the defendant company is obliged to pay damages, other expenses, etc. according to the interest rate determined by the plaintiff from the date of performance to the date of repayment, in addition to the amount of performance to the plaintiff. The amount of damages determined by the plaintiff is

On September 3, 2015, the Plaintiff paid KRW 25,921,447 to the Daegu Bank on behalf of the Defendant Company which caused the guarantee accident, and the Plaintiff incurred KRW 886,650 of the substitute payment, and KRW 139,370 of the additional guarantee fee.

On June 2, 2015, Defendant B entered into a mortgage agreement with Defendant C on June 2, 2015 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) in which he/she owns one-half equity shares, and completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the instant establishment”) by the Daegu District Court Branch No. 88306, Jun. 4, 2015, which was received on June 4, 2015.

In addition, on March 26, 2015, Defendant B entered into a sales contract with Defendant D on March 26, 2015 (hereinafter “instant sales contract”) for the real estate listed in paragraph (2) of the attached list of its own ownership (hereinafter “second real estate”), and completed the registration of ownership transfer on the same day.

At the time of the instant sales contract and the contract, Defendant B was in excess of the obligation.

[Reasons for Recognition] A, Gap evidence 1 to 13 (including a Serial number if any), Daegu Bank of this Court, Korea Standards Doldrid Bank, monthly agricultural cooperatives;

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