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(영문) 서울고등법원 2018.05.24 2017나2047381
구상금
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The Plaintiff’s revocation part against the Defendants.

Reasons

1. Basic facts

A. (1) The Credit Guarantee Fund shall enter into an agreement on credit guarantee (hereinafter “F”) on June 12, 2009.

(B) On June 11, 2010 (after this, extended on June 5, 2014), the amount of security KRW 285 million, and the guarantee period.

(2) In the event the F is unable to repay the loan from the Industrial Bank of Korea after obtaining the loan, the Credit Guarantee Fund shall make a credit guarantee agreement on behalf of the Credit Guarantee Fund (hereinafter referred to as the “instant credit guarantee agreement”).

A) At the time, the Co-Defendant D, E, and Defendants were jointly and severally and severally liable to the Credit Guarantee Fund in accordance with the aforementioned credit guarantee agreement (hereinafter “instant joint and several guarantee agreement”).

(2) At the time of the instant credit guarantee agreement and joint and several sureties agreement, the F agreed to reimburse the Credit Guarantee Fund for the amount of the performance of the guaranteed obligation, its delay damages, its legal procedure costs, and its penalty.

F was granted a loan from the Industrial Bank of Korea as security by the Credit Guarantee Fund under the Credit Guarantee Agreement in this case.

B. After the occurrence of a credit guarantee accident, F has lost the benefit of time due to delayed payment of the principal and interest of the Bank, the Credit Guarantee Fund repaid KRW 270,968,314 to the Bank upon request for credit guarantee performance by the Bank.

C. On the other hand, on July 20, 2013, before a credit guarantee accident of this case occurred, F entered into a sales contract with the Plaintiff on July 20, 2013, to sell the land and the building on the land and the building on the land (hereinafter “instant real estate”). On August 8, 2013, F completed the registration of ownership transfer in the Plaintiff’s future with respect to the instant real estate.

(d)The Credit Guarantee Fund's provisional disposition and the payment of the Plaintiff's reimbursement to the Credit Guarantee Fund shall preserve its claims for the advance reimbursement against F on February 6, 2014;

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