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(영문) 서울중앙지방법원 2014.11.25 2013가단5119962
구상금
Text

1. Defendant A Co., Ltd., Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 303,857,829 and KRW 302,19,649 among them.

Reasons

1. Facts of recognition;

A. On July 4, 2012, the Plaintiff entered into a credit guarantee agreement of KRW 300,000,000 of the guaranteed principal with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under the joint and several guarantee by Defendant B and Defendant C. On July 4, 2012, Defendant Co., Ltd borrowed KRW 375,00,000 from an enterprise bank based on the said credit guarantee agreement.

B. On October 18, 2012, Defendant B completed the registration of the establishment of a neighboring maximum debt amount of KRW 120,000,000 on the grounds of the contract that was concluded on the same day with respect to the real estate indicated on the attached real estate (hereinafter “instant real estate”) as indicated on October 18, 2012, as the Daegu District Court No. 45369, Oct. 18, 2012.

C. Around that time, in addition to the above loans, the Defendant Company borrowed 651,00,000 won for four loans from an enterprise bank. On October 10, 2012, the Defendant Company was subject to the claim suit of KRW 859,000,000 from E (Seoul District Court Branch Branch Branch Decision 2012Gahap7761), while there was no property. In addition to the joint and several debt guarantee obligation of this case, the Defendant Company was in excess of its obligation with respect to the instant real estate as well as the joint and several debt of KRW 112,198,00 for the Korea Housing Finance Corporation, and the joint and several debt of KRW 100,00 for the Seoul Guarantee Company.

On June 18, 2013, the Corporate Bank notified the Plaintiff of the credit guarantee accident of the Defendant Company.

E. On August 2, 2013, the Plaintiff subrogated 302,199,649 won to a corporate bank, and in this regard, the Plaintiff paid substitute payment of KRW 1,324,490 and penalty of KRW 333,690.

F. The Plaintiff’s rate of delay damages is 12% per annum from December 1, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4, 5-1, 2, 6, 7-1 through 3, 6 through 9, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. Defendant A Co., Ltd, Defendant B, and Defendant C shall jointly and severally conclude the instant credit guarantee agreement with the Plaintiff.

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