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(영문) 서울중앙지방법원 2015.07.22 2015가합505057
구상금 등 청구의 소
Text

1. Defendant A, B, and C jointly and severally filed against the Plaintiff KRW 360,39,139 and KRW 359,473,317 among them.

Reasons

1. Basic facts

A. (1) On June 24, 2013, the Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).

The term of guarantee was extended on June 23, 2014 (this later, June 22, 2015) between the Corporation and the Guarantee principal of KRW 360,000,000 and the Guarantee principal of KRW 230,000.

(1) A Korean Bank Co., Ltd. (hereinafter “National Bank”), a loan for corporate ordinary working capital of the loan subject, and a Korean Bank (hereinafter “National Bank”);

(2) In the event that the Defendant Company received a loan from a lending bank, and the Defendant Company made a substitute payment on behalf of the Plaintiff due to the Defendant Company’s failure to repay its loan obligations, the Defendant Company made a credit guarantee agreement to pay the Plaintiff the amount of subrogation and its delayed payment and other incidental expenses (hereinafter “the instant credit guarantee agreement”).

(2) Defendant B and C jointly and severally guaranteed the performance of the obligation owed by Defendant Company to the Plaintiff pursuant to the above credit guarantee agreement. The Defendant Company received a loan of KRW 400 million from the national bank around that time pursuant to the above credit guarantee agreement.

(hereinafter “instant loans”). (b)

The occurrence of a credit guarantee accident and the Plaintiff’s subrogation (1) on December 8, 2014, the Defendant Company lost the benefit of the instant loan due to the closure of business on December 8, 2014, and the Plaintiff paid KRW 362,734,027 to the National Bank on behalf of the Defendant Company on behalf of the Plaintiff on December 30, 201. (2) The Plaintiff recovered KRW 3,260,710 on December 30, 2014 and appropriated it for the portion of the subrogated payment. The final delay damages accrued up to that time are KRW 1,072, and the substitute payments paid by the Plaintiff on the execution, preservation, etc. of claims under the credit guarantee agreement are KRW 919,75

C. Real estate in Defendant B’s disposal disposition 1) The real estate listed in the separate sheet (hereinafter “instant real estate”).

As to Defendant B, the sales contract of November 24, 2014 (hereinafter “instant sales contract”).

on the ground of subsection (1).

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