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(영문) 서울중앙지방법원 2018.01.09 2016가단5272819
구상금 등 청구의 소
Text

1. Defendant B shall not exceed 22,657,148 won within the scope of the property inherited from the deceased C and 22,397 among them.

Reasons

1. Basic facts

A. On August 21, 2015, pursuant to the credit guarantee agreement with Defendant C, the Plaintiff issued a credit guarantee certificate (100%: 25,00,000,000, and 100,000,000,000 of the guaranteed principal and interest pursuant to the credit guarantee agreement with Defendant C. The Plaintiff provided a guarantee within the scope of the said credit guarantee agreement as to the repayment of the principal and interest to be borne by the said Defendant by receiving a general loan of KRW 25,00,000 from the new bank on August 24, 2015. (2) According to the above credit guarantee agreement, the obligor under the credit guarantee agreement provides the Plaintiff with the amount paid by the Plaintiff for the performance of the guaranteed obligation, (1) the amount paid by the Plaintiff to the Plaintiff for the performance of the guaranteed obligation, (2) the expenses paid by the Plaintiff for the performance of the guaranteed obligation, (3) the expenses incurred by the Plaintiff for the transfer and exercise of the right acquired by the Plaintiff, and (4) additional guarantee fees in arrears.

B. (1) C A died on July 19, 2016, and the interest rate was overdue on July 24, 2016. On August 24, 2016, a guarantee accident occurred that has lost the benefit of time due to the suspension or closure of business for at least three months. (2) The Plaintiff, as a guarantor under the credit guarantee agreement, subrogated for 22,851,436 won at a new bank on November 7, 2016 ( principal amount 22,612,502 interest rate 238,934 won), and on the same day, subrogated for 453,70 won on the same day, and collected 453,70 won, and the amount of subrogation as of November 7, 2016, was 22,397,66 won (281,436 won,436 won, - 16,4715 x 167.71 x 147.7

Among the legal procedure costs incurred by the Plaintiff to preserve the above indemnity claim, the outstanding amount is 259,33 won.

C. C’s real estate disposal 1) On June 2, 2016, 2016, on June 1, 2016, 2016, with respect to real estate indicated in the separate sheet to Defendant A (hereinafter “instant sale”).

(b) cause.

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