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(영문) 서울중앙지방법원 2019.02.20 2017가단5226127
구상금 등 청구의 소
Text

1. Defendant A, B, and C are jointly and severally liable to the Plaintiff for KRW 159,989,132 and KRW 151,287,523 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement and joint and several sureties agreement on December 19, 201, and the Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”).

The term of “instant credit guarantee agreement” refers to a credit guarantee agreement under which the guaranteed principal is KRW 182,700,000, and the term of the guarantee is December 20, 2012 (the term of the guarantee principal shall be KRW 149,040,000, and the term of the guarantee shall be changed to December 15, 2017) (hereinafter referred to as “instant credit guarantee agreement”).

(2) At the time of the instant credit guarantee agreement, Defendant A concluded a credit guarantee agreement with the Plaintiff on December 20, 201, with a loan of KRW 203,00,000,00 from the Plaintiff as collateral. Defendant B and C jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff pursuant to the credit guarantee agreement in this case. (2) At the time of the instant credit guarantee agreement, Defendant A agreed to reimburse the Plaintiff for the payment of the said guaranteed obligation and the damages for delay calculated at the rate prescribed by the Plaintiff (12% per annum after June 1, 2015), and for the performance or preservation of the right by the Plaintiff’s performance of the guaranteed obligation.

B. Defendant D Co., Ltd. (hereinafter “Defendant D”) on November 23, 2016

As to the real estate indicated in the separate sheet No. 1 through 17, a contract to establish a right to collateral security with Defendant A, Defendant D, and the maximum debt amount of KRW 1.5 billion was concluded with the debtor (hereinafter “instant contract to create a right to collateral security”).

(2) On the ground of the instant contract for the creation of neighboring mortgage, the registration of establishment of neighboring mortgage (hereinafter “registration of establishment of the first neighboring mortgage”) by Suwon District Court, Sung-nam Branch of Gwangju District Court No. 86869, Nov. 23, 2016.

(2) On November 23, 2016, Defendant B entered into a mortgage agreement with Defendant A, a mortgagee D, and a maximum debt amount of KRW 1.5 billion with respect to real estate indicated in the separate sheet between Defendant D on November 23, 2016.

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