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(영문) 서울중앙지방법원 2014.06.10 2013가합519922
구상금 등 청구의 소
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 102,334,690 and KRW 101,386,90 among them.

Reasons

1. Basic facts

A. A. On June 1, 2010, the Plaintiff is a credit guarantee agreement and loan 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

between the credit guarantee amount to KRW 100,00,000, and the term of guarantee to June 15, 2010 (this later term of credit guarantee was extended on June 14, 2013).

(i) the credit guarantee agreement prescribed by the credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”).

The defendant corporation entered into a credit guarantee agreement on June 8, 2010, and the defendant corporation is a national bank (hereinafter referred to as the "national bank") as security for the credit guarantee agreement under the above credit guarantee agreement.

(2) The principal content of the instant credit guarantee agreement was extended KRW 100,000 from the Defendant Company as a loan for corporate funds. (2) If the Defendant Company fails to repay its loan obligations, the Plaintiff shall act on behalf of the Defendant Company as a claim for reimbursement of damages calculated by the amount subrogated by the Plaintiff and the rate (12% per annum) determined by the Plaintiff from the date of payment of the amount subrogated by the Plaintiff to the date of full payment, and the Defendant Company shall pay the Plaintiff the expenses incurred in compensating or executing the claim for reimbursement

Defendant B and C jointly and severally guaranteed all obligations that Defendant Company owes to the Plaintiff pursuant to the instant credit guarantee agreement.

B. On November 1, 2012, the Defendant Company was delinquent in national tax and caused a credit guarantee accident due to credit management information registration on December 18, 2012. Under the credit guarantee agreement in this case, the Plaintiff acquired the claim for reimbursement of KRW 101,386,90 on February 25, 2013 by subrogation to the National Bank on February 25, 2013. The Plaintiff paid KRW 1,520,406 to the National Bank on behalf of the principal and interest of the loan, and paid KRW 572,62,690 in total to recover KRW 102,334,690 [10,386,904 KRW 947,786 [1,520,406 KRW -572,620].

(hereinafter “instant claim for indemnity”). C.

Defendant C’s disposal of real estate is the instant case with respect to the real estate listed in the separate sheet with Defendant D (hereinafter “instant real estate”) on August 1, 2012.

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