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(영문) 부산지방법원 2016.09.23 2015가단228498
구상금등 청구의 소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 26,64,562 and KRW 26,015,322 from July 21, 2015 to July 2016.

Reasons

1. Factual basis

A. The Plaintiff’s occurrence of the Plaintiff’s claim against Defendant A, B, and C was jointly operated by Defendant A, B, and C, and there was a need for a credit guarantee to obtain a loan from an enterprise bank.

Accordingly, on March 24, 2011, the Plaintiff entered into a credit guarantee agreement with Defendant A as follows, and Defendant B and C jointly and severally guaranteed the indemnity liability to be borne by Defendant A due to the said credit guarantee agreement.

① Amount of guarantee: 25,00,000 won (2) Guarantee: (3) Guarantee period: on March 27, 2012 (finally extended until March 20, 2015): (4) In the event that the Plaintiff fulfills the guarantee obligation against a corporate bank, the debtor and joint guarantor shall pay the amount of subrogation, expenses incurred in preserving the claim for indemnity, additional guarantee fees, and delay interest rate of 12% per annum; and (2) on March 21, 2015, Defendant A incurred a credit guarantee accident where the principal payment of the loan to the said corporate bank was delayed; and the Plaintiff paid KRW 25,00,000,00 and interest 515,322,26,322, 205, 2015, and 501,000,000 won at the request of the corporate bank.

From March 21, 2015, which was the date of a credit guarantee accident, until July 20, 2015, the additional guarantee fee occurred from March 21, 2015 to July 20, 2015, is 127,840 won.

B. On February 2, 2015, Defendant A entered into a sales contract (hereinafter “instant sales contract”) with Defendant A and Defendant D on the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). On March 23, 2015, Defendant A and Defendant D entered into a sales contract with Defendant D on February 2, 2015, without paying the purchase price as payment for the existing debt, and completed the registration of ownership transfer under the Busan District Court Northern Northern Branch Office No. 18797 on March 23, 2015.

(2) Defendant D was established on the first real estate of this case.

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