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(영문) 서울중앙지방법원 2014.11.21 2013가합531731
구상금 등 청구의 소
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 286,510,766 and its KRW 285,93,594 among them, Defendant A shall be from June 25, 2013 to August 6, 2013.

Reasons

Basic Facts

On July 22, 2005, the Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement between Defendant A, who operates D, with the principal of the guarantee until July 2, 2013 (hereinafter “A guarantee agreement”); (i) the principal of the guarantee agreement as of January 23, 2013; (ii) the credit guarantee agreement with the principal of the guarantee as of January 23, 2013; and (iii) the credit guarantee agreement with the term of January 23, 2014 as of January 23, 2014 (hereinafter “B guarantee agreement”); and (iv) the Plaintiff paid the said guarantee agreement at the rate of 16% per annum from the payment date to the full payment date; and (v) the Plaintiff paid the principal of the guarantee agreement at the rate of 50% per annum from the payment date to the date following the expiration date of the guarantee agreement.

Defendant B jointly and severally guaranteed the obligation of Defendant A to the Plaintiff regarding the guarantee agreement.

Under the above guarantee agreement, Defendant A, by subrogation of the Plaintiff, respectively loaned from the Bank the amount of KRW 20 million on August 5, 2005, and KRW 150 million on January 23, 2013, and extended the amount of KRW 150 million on January 23, 2013.

2. From 27. 27. Late interest shall be overdue.

For the same year

5. 8. Loss of Time Limits.

Accordingly, on June 25, 2013, the Plaintiff subrogated to the Bank for KRW 286,213,644 (=Guarantee Agreement KRW 163,147,791 ② Guarantee Agreement KRW 123,065,853), and paid KRW 517,100 as legal expenses.

(2) The final delay damages incurred for 220,050 won out of the amount of subrogated payment of the guarantee agreement that has been recovered thereafter shall be 72 won.

Defendant C’s provisional registration of the right to claim ownership transfer by Defendant C is planned to purchase land E in E in order to construct a new factory for machinery parts and metal structures operated with the husband. On April 26, 201, the respective shares of F and G in the attached list 10, 13 and H land from F and G on April 26, 201, and the attached list 5, 11, 12, 14, 15 and K, L and M land from I and J on the same day.

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