logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.08 2016가합51385
구상금 등
Text

1. Defendant A Co., Ltd. and Defendant B jointly and severally with the Plaintiff KRW 649,260,073 and 647,863.

Reasons

1. Basic facts

A. The Plaintiff’s subrogation under the Plaintiff’s credit guarantee agreement 1) The Plaintiff is Defendant A Incorporated Agricultural Company (hereinafter “Defendant A”) on April 30, 2010.

B) On April 22, 2016, Defendant A entered into a credit guarantee agreement with the Nonghyup Bank, setting forth a credit guarantee agreement of KRW 720,000,000 as the guaranteed amount and KRW 10% per annum on April 22, 2016 with respect to the principal and interest of loans to Defendant A Nonghyup Bank. Accordingly, Defendant A received a loan of KRW 900,000,000 from the Nonghyup Bank on May 4, 2010, Defendant A entered into a joint and several guarantee agreement with the Plaintiff pursuant to the said credit guarantee agreement.

3) According to the above credit guarantee agreement, when the Plaintiff performed the above guaranteed obligation, A and the joint guarantor agreed to pay to the Plaintiff the amount the Plaintiff performed the guaranteed obligation and the damages for delay calculated at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment (10% per annum after February 1, 2016), and all incidental obligations, such as the expenses incurred in preserving, transferring, and exercising the right acquired by the performance of the guaranteed obligation, etc. (4) Defendant A delayed interest on January 26, 2016 to the Nonghyup Bank, thereby causing a credit guarantee accident, and the Plaintiff subrogated to the Nonghyup Bank for 647,863,404 won on March 23, 2016 in accordance with the above credit guarantee agreement, and paid the Plaintiff KRW 1,396,669 as legal procedure expenses to compensate for the claim for reimbursement against Defendant A.

B. Defendant B entered into a mortgage agreement with Defendant C on March 17, 2015 with respect to each real estate listed in the separate sheet 13 through 23, with the maximum debt amount of KRW 200,000,000,00 with respect to each real estate listed in the separate sheet 13 through 23; Defendant B entered into a mortgage agreement with Defendant B and Defendant C with the debtor B; Defendant C entered into a mortgage agreement with the Changwon District Court Joint Registry of Korea on March 19, 2015, with the registration of the establishment of the neighboring real estate as the No. 3928, which was received on March 19, 2015, Defendant B entered into a mortgage agreement with Defendant C with Defendant C on August 18, 2015.

arrow