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(영문) 서울중앙지방법원 2017.11.30 2017가합532107
구상금 등 청구의 소
Text

1. The contract to establish a right to collateral security concluded on August 6, 2014 between B and the Defendant regarding the real estate stated in the attached list.

Reasons

1. Basic facts E (hereinafter “E”) is a company established for the purpose of producing and selling broadcast programs (including news reports), and the Defendant is a company established for the purpose of broadcasting transmission business, the establishment of broadcasting system, the consultation and service, etc.

On November 17, 2008, the Plaintiff entered into a credit guarantee agreement with E with a credit guarantee period of KRW 180,000,000,000 in the credit guarantee principal (hereinafter “the instant credit guarantee agreement”), after changing the credit guarantee principal into February 27, 2015, the Plaintiff changed the credit guarantee principal to KRW 170,00,000,000 in the credit guarantee principal, and the E’s representative director B jointly and severally guaranteed the liability for indemnity to be borne by E in accordance with the instant credit guarantee agreement.

On November 16, 2009, the Plaintiff issued a credit guarantee certificate with a maturity of KRW 200,000,000 as to the principal and interest obligation of KRW 200,000, which the Plaintiff may receive a loan from our bank (hereinafter “Korea bank”).

The occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation on March 24, 2015, the Plaintiff subrogated to the Bank for KRW 172,107,208 (= Principal KRW 170,000,000) on April 27, 2015, as the occurrence of a guarantee accident due to the principal and delayed payment of principal on March 24, 2015.

The amount of substitute payments incurred up to the date of closing the argument in this case is KRW 1,108,117, and the amount of attempted bonds is KRW 486,240, and the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012.

B and the Defendant: (a) concluded a mortgage agreement between B and the Defendant on August 6, 2014 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on which the Defendant was the mortgagee, E, the obligor, and the maximum debt amount of KRW 1,200,000 with respect to each of the instant real estate (hereinafter “instant real estate”); (b) the Defendant was the Seoul Central District Court’s registry No. 173450, Aug. 8, 2014.

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