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서울고등법원 2020.04.16 2019나2015456

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.


Basic Facts

Plaintiff’s claim 1) Plaintiff and E (hereinafter “E”)

E. F. F. F. (hereinafter “F.”)

(G) and corporation G (hereinafter referred to as “G”)

(2) On April 11, 2014 (on April 7, 2017), Korea has concluded a credit guarantee contract with respect to the loan obligation as listed below, and D has jointly and severally guaranteed the obligation to be borne by E to the Plaintiff under each credit guarantee contract as follows. On the date of guarantee (the change of the amount of guarantee) guarantee (the term of guarantee) guarantee period (the change of the amount of guarantee) guarantee period, the loan amount of the lending bank under loan 1 guarantee 270,000,000 (242,250,000) loan amount on April 11, 2014 (the date of temporary repayment) loan 30,000,000 principal and interest of the loan 25,000,0000 (201,875,000) loan 20,000) loan 10,000 on May 11, 2015, 2017>

Accordingly, the Plaintiff subrogated to F on May 24, 2017 KRW 243,965,130 (i.e., principal amount of KRW 242,250,715,130) and KRW 152,080,851 (i.e., principal amount of KRW 152,012,550) in G.

3) Thereafter, the Plaintiff recovered KRW 35,519 and appropriated the substitute payment for the amount of 396,045,981 won (=243,965,130 won 152,080,851 won), the remaining substitute payment of KRW 2,782,849 won, and the penalty for attempted payment of KRW 69,52,010 (= KRW 396,045,981 won 2,782,849 won, 693,180 won) and the damages for delay calculated under an agreement of 10% per annum from the date of subrogation were left.D’s disposal interest rate of 1.00,000 won from Defendant A on September 18, 2015, and 2005, 2005, 2005.

D In order to secure each of the above obligations, D shall create a mortgage contract with Defendant A, the maximum debt amount of which is KRW 30,000,000 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) on October 26, 2016, and shall be KRW 70,000,000.