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(영문) 서울중앙지방법원 2015.11.26 2014가단5346891
구상금 등
Text

1. As to Defendant A and B’s joint and several liability for KRW 37,787,850 and KRW 36,870,010 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on October 1, 2014.

Reasons

1. Defendant A, B, D, and E

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Defendant C

A. Basic facts 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Company”) on October 2, 2013.

) Between the loan-handling institution and the Korea Exchange Bank, Inc. (hereinafter referred to as the “Korea Exchange Bank”);

() An export credit guarantee agreement between October 4, 2013 and October 3, 2014 (hereinafter “instant credit guarantee agreement”) which provides a credit guarantee limit of KRW 47,00,000, and a guarantee period of KRW 47,000 (hereinafter “instant credit guarantee agreement”).

(2) Around May 31, 2014, Defendant B entered into a credit guarantee agreement, and Defendant B jointly and severally guaranteed the Defendant Company’s obligation under the instant credit guarantee agreement. (3) Around May 31, 2014, the Defendant Company caused a guarantee accident to delay in paying the principal and interest of the loan to the foreign exchange bank. Accordingly, the foreign exchange bank notified the Plaintiff of the occurrence of the guarantee accident and filed a claim for the payment of the insurance money on September 15, 2014.

3) On September 30, 2014, the Plaintiff: (a) subrogated to the foreign exchange bank the principal and interest of KRW 36,870,010; (b) paid a total of KRW 917,840 to secure the claim; (c) acquired the claim for indemnity amounting to KRW 37,787,850 in total against the Defendant Company, a principal obligor, and the joint surety; and (d) Defendant B entered into a mortgage agreement with Defendant C on December 31, 2013 (hereinafter “instant real property”); and (c) concluded a mortgage agreement with Defendant C on December 31, 2013 (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-registered on January 3, 2014, and completed the registration of the establishment of a mortgage against Defendant C.

5) Defendant B was at the time of the establishment of the instant right to collateral security and has been in excess of its debts up to the date of the establishment of the instant right to collateral security. The fact that there was no dispute over the grounds for recognition, and each of the entries (including serial numbers) A1 through 7, 9

hereinafter the same shall apply.

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