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(영문) 인천지방법원 2016.08.16 2015나52756
구상금
Text

1. Of the judgment of the court of first instance, each of the real estates listed in paragraphs 4 and 5 of the attached list against the defendant.

Reasons

1. Basic facts

A. On March 24, 2009, the Plaintiff entered into a credit guarantee agreement between A and A with respect to ① KRW 50,000,000 of a corporate general loan to be financed by A from A and A on March 24, 2009 with respect to KRW 47,50,000 of the guaranteed principal, and the term of guarantee on March 23, 2010 (which changed the term of guarantee to March 21, 2014); ② on October 25, 2011, A entered into a credit guarantee agreement with respect to KRW 50,00,000 of a corporate general loan to be financed by A and the guaranteed principal to KRW 42,50,00,000 of the guaranteed principal, and the term of guarantee to October 24, 2012 (amended by the term of guarantee to June 27, 2014).

(hereinafter referred to as the “instant credit guarantee agreement”) by combining two cases of the said credit guarantee agreement.

According to the credit guarantee agreement of this case, when the plaintiff fulfilled the guaranteed obligation under the credit guarantee agreement of this case, A is obligated to pay the plaintiff the amount of the guaranteed obligation, damages for delay calculated at the interest rate determined by the plaintiff, additional guarantee fees, etc.

C. A received a loan from a single bank as a collateral for the Plaintiff’s credit guarantee, but caused a credit guarantee accident due to delinquency in repayment of principal on August 29, 2013, and the Plaintiff subrogated to the Han Bank for KRW 87,120,296 for the principal and interest of principal and interest of A on January 3, 2014.

As of October 27, 2014, A’s indemnity payable to the Plaintiff under the credit guarantee agreement of this case as of October 27, 2014 is a total of KRW 96,901,048 as indicated below.

(1) In the case of a bank's general financing loan 1E (47,50,000), 209.03.24 (1) 43,631,3514,274,677 1,123,09,090,029, 200) 1.1.25 (42,50,000) of a bank's general financing loan 201.348,484,494,67, 274, 123,090,029, 118.25 (42,50,000) of the IF (42,50,000) of a bank's general financing loan 201.348,494,495,46,207,297,285,297,284,205,296,275,297,2016,2757

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