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(영문) 부산지방법원 2017.11.09 2017가단305078
구상금
Text

1. Defendant A, B, C, and D are jointly and severally owned by the Plaintiff in KRW 39,132,262 and KRW 39,102,272 among them.

Reasons

1. Facts of recognition;

(1) On April 25, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”) with each credit guarantee agreement (hereinafter referred to as “credit guarantee agreement”) with respect to the loans made by Defendant B, C (hereinafter referred to as “Defendant C”), and the Defendant A (hereinafter “Defendant A”) and the Korean Bank (hereinafter “Korea Bank”) under the joint and several guarantee agreement with Defendant C (hereinafter referred to as “Defendant A”) on April 25, 2013.

B. Since July 28, 2016, Defendant A delayed the repayment of loans to the Bank and caused a credit guarantee accident on or around July 28, 2016. On February 6, 2017, the Plaintiff paid to the Bank KRW 130,954,039 [1,626,939 won (= interest of KRW 62,327,100 as principal) of credit guarantee agreement ② KRW 66,327,253 as principal (= interest of KRW 64,350,000 as principal) and KRW 64,350,02,253 as principal and interest of KRW 64,220 as 2,00,02, and KRW 39,102,020 as subrogation, and the remainder of subrogation shall be KRW 39,272,02,000 as well as KRW 29,00 as the average credit guarantee agreement between the Plaintiff and the Plaintiff’s damages for delay.

2) As to the instant mortgage contract regarding the maximum debt amount of KRW 250,000,000 (hereinafter “the instant mortgage contract”).

(C) The registration of the establishment of a neighboring real estate (hereinafter “registration of the establishment of a neighboring real estate of this case”) by the Busan District Court No. 23908, Jul. 6, 2016.

The court completed the proceedings.

(v) At the time of the conclusion of the above contract to establish a collateral security, Defendant B, as active property, is equivalent to the total amount of 102,380,250 won of the officially announced price and the standard market price.

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