logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.09 2016가단5059047
구상금
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 280,395,836 and KRW 280,395,393 among them.

Reasons

1. Basic facts

A. On October 28, 2014, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement with the Plaintiff with the principal of the guarantee (hereinafter “the first guarantee agreement”) and each credit guarantee agreement with the principal of the guarantee amount of KRW 180 million (hereinafter “the second guarantee agreement”) and received a total of KRW 300 million from the Industrial Bank of Korea. Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s liability for indemnity against the Plaintiff under the first and second guarantee agreement.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation company forfeited the interest due to delayed payment of the principal and interest of loans on February 23, 2016. On March 18, 2016, the Plaintiff paid to the Industrial Bank of Korea KRW 100,635,959 of the principal and interest of loans, and KRW 181,379,584 of the principal and interest of loans by subrogation according to the second guarantee agreement.

(hereinafter “instant subrogation”). The amount of KRW 1,620,150 regarding subrogation due to the primary guarantee agreement was recovered to KRW 9,015,809,00,000, and the amount of subrogation due to the primary guarantee agreement was KRW 99,015,809. The damages for delay that have already occurred and has been determined by the date of recovery is KRW 443

The rate of delay damages determined by the first and second guarantee agreement at the time of the payment by subrogation in this case is 10% per annum.

C. Defendant B’s remittance Defendant B’s wife necessary to acquire D apartments in Defendant C’s name is Defendant B’s wife.

On November 27, 2015, Defendant C entered into a sales contract to purchase D Apartment Nos. 101, 1103 (hereinafter “D apartment”) from E with 207,50,000 won, and completed the registration of ownership transfer in the name of Defendant C on December 21, 2015. In the process, Defendant B, out of the purchase price as part of the purchase price, remitted KRW 18,00,000 to the seller’s side on November 27, 2015, and the intermediate payment of KRW 82,00,00,000 to the seller on December 17, 2015, and KRW 2,936,400,000 to the certified judicial scrivener in charge with the registration cost on December 23, 2015.

arrow