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(영문) 대구고등법원 2019.09.05 2018나22481
구상금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The conclusion of a credit guarantee agreement 1) A (the “Stock Company AS” was changed from December 19, 2013 to “A”

(B) On August 30, 2013, between the Plaintiff and the Plaintiff, the principal guaranteed was changed to KRW 280,500,000, and the term of guarantee until August 29, 2014 (this later changed to August 26, 2016).

ii)a credit guarantee agreement under the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

(B) The co-defendant B of the first instance trial (hereinafter referred to as “B”) was concluded.

(2) At the time of the instant credit guarantee agreement, A and B agreed to jointly and severally repay all incidental obligations, such as the amount, delay damages, and cost for preserving rights, when the Plaintiff performs the guaranteed obligation under the said credit guarantee agreement. A and B agreed to jointly and severally repay a credit guarantee agreement issued by the Plaintiff.

B. (1) When a credit management information registration was conducted in bad faith on July 7, 2016 by A, the Plaintiff made a substitute payment of KRW 284,956,654 to D on November 24, 2016 under the credit guarantee agreement of this case. (2) The Plaintiff paid KRW 3,69,388 by subrogation for the execution of indemnity claim under the credit guarantee agreement of this case. (3), the penalty for attempted penalty under the credit guarantee agreement of this case is KRW 1,641,50, and the damages for delay determined by the Plaintiff in the credit guarantee agreement of this case is KRW 10% per annum from February 1, 2016.

C. On May 9, 2016, A’s disposal act entered into a sales contract for each of the instant real estate (hereinafter “instant sales contract”) with the Defendant, and accordingly, he/she completed each of the instant transfer registration for ownership (hereinafter “instant transfer registration”) to the Defendant as the receipt No. 14376 on May 19, 2016, the Daegu District Court rendered the registration of transfer of ownership (hereinafter “instant transfer”).

[Ground of recognition] The absence of dispute, and the case of separate display of Gap evidence 1 to 7.

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