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(영문) 서울중앙지방법원 2020.08.19 2019가단5239028
구상금
Text

1. As to KRW 60,731,265 and KRW 60,181,518 among the Plaintiff, Defendant A shall be from September 27, 2019 to May 14, 2020.

Reasons

1. Facts of recognition;

A. On May 9, 2012, the Plaintiff entered into a credit guarantee agreement between Defendant A and Defendant A, with respect to the credit guarantee obligations that Defendant A would have to receive from a branch of D (hereinafter “Nonindicted Bank”), with respect to the credit guarantee amount of KRW 80,00,000 (a change to KRW 43,200,000) and KRW 25,50,000 (a change to KRW 22,950,000) (a change to May 3, 2019), and Defendant A entered into a credit guarantee agreement with each of the credit guarantee periods up to May 8, 2013 (a change to May 3, 2019). Defendant A submitted a guarantee certificate issued by the Plaintiff from Nonparty A on May 11, 2012, and received a loan of KRW 10,000,000 for corporate general funds, and KRW 30,000,000 for each.

B. At the time of the conclusion of the instant credit guarantee agreement, when the Plaintiff performed the said guaranteed obligation, the Plaintiff and Defendant A agreed to pay to the Plaintiff the amount of the Plaintiff’s performance of the guaranteed obligation and the amount of damages calculated by multiplying that amount by the rate (8% per annum from April 1, 2019 to the date of repayment) set by New Report from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation, and also to pay the expenses incurred in legal procedures, such as the expenses incurred in the Plaintiff’s performance of the guaranteed obligation and the expenses

C. On July 3, 2019, Defendant A lost the benefit of time for each of the above loans due to the suspension of current account transactions, and the Plaintiff repaid the total amount of KRW 60,181,518 to Nonparty A on September 27, 2019 upon Nonparty A’s request for the performance of the guaranteed obligation, and paid KRW 549,747 to Defendant A at the legal procedure costs for the enforcement, preservation, etc. of claims for reimbursement against Defendant A.

As to the real estate indicated in the separate list owned by Defendant A (hereinafter “the instant real estate”), Defendant A entered into a mortgage agreement of KRW 36,000,000 with Defendant B, respectively, with the maximum debt amount of KRW 144,00,000 between Defendant C and the maximum debt amount of KRW 144,00,000 (hereinafter “each of the instant mortgage agreements”) and on the ground thereof.

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