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(영문) 부산지방법원 2018.10.18 2018가단307187
구상금
Text

1. Defendant A and B jointly and severally agreed with the Plaintiff regarding KRW 89,93,05 and KRW 88,722,183 among them, from March 5, 2018 to March 5, 2018.

Reasons

1. Facts of recognition;

(1) On October 6, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with respect to the loans of Defendant A Co., Ltd. (hereinafter “D”) under Defendant B’s joint and several sureties’s joint and several sureties, setting the respective credit guarantee agreement (hereinafter “credit guarantee agreement”) on October 2, 2017: (i) the guaranteed amount of KRW 70,000,000; (ii) the guaranteed amount of KRW 20,000,000; and (iii) the guarantee period of KRW 20,000; and (iv) October 6, 2015.

D. Since then, Defendant A delayed the repayment of the principal and interest of loan to D on October 3, 2017, and a credit guarantee accident occurred on or around March 5, 2018, the Plaintiff subrogated to D on or around March 5, 2018 [1,323,287 won [1,323,287 won (interest of principal 70,000,000 won)] (2) of credit guarantee agreement 17,398,896 won (interest of principal 17,167,860 won)].

Secondly, at the time of concluding a credit guarantee agreement, the Plaintiff and Defendant A paid damages for delay on behalf of the Plaintiff when the credit guarantee obligation is fulfilled. The delay interest rate prescribed by the Plaintiff is 12% per annum, the balance of legal procedure expenses is 721,062 won, and the additional guarantee fee is 549,760 won.

x. Meanwhile, Defendant C, the head of September 1, 2017, entered into a mortgage agreement (hereinafter “mortgage agreement of this case”) with regard to the real estate listed in the separate sheet (hereinafter “the instant real estate”) with Defendant C, which is the head of the Defendant, which is the attached list, and completed the registration of establishment of mortgage (hereinafter “registration of establishment of mortgage of this case”) around Busan District Court as of September 1, 2017, which was the receipt of the said real estate, as of September 1, 2017.

(v) At the time of the conclusion of the aforementioned mortgage agreement, Defendant A had no specific property other than the instant real estate, the officially announced value of which is 100,000,000 won, and on the other hand, the small property is equivalent to KRW 88,722,183 of the instant indemnity liability against the Plaintiff, ② The amount equivalent to KRW 71,940,000 of the maximum debt amount against D, ③ the amount equivalent to KRW 6,983,00 of the loan obligation against E corporation, ④ the Defendant.

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