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(영문) 서울중앙지방법원 2015.09.03 2015가합525228
구상금 등 청구의 소
Text

1. As to each real estate listed in the separate sheet:

(a) B and the Defendant enter into a pre-sale agreement on November 26, 2014.

Reasons

1. Facts of recognition;

A. On February 27, 2013, the Plaintiff concluded a credit guarantee agreement with the Plaintiff on the credit guarantee agreement and joint and several sureties B with the Jinjin Industry Co., Ltd. (hereinafter “Yinjin Industry”), and issued a letter of credit guarantee agreement on February 27, 2014 (the change to February 27, 2015 thereafter) with the guaranteed principal amount of KRW 225 million, and the guaranteed term of February 27, 2014 (the change to February 27, 2015).

On February 27, 2013, Jinjin Industry was issued a credit guarantee certificate and received from the Industrial Bank of Korea a loan of KRW 250 million in small and medium enterprise capital loan.

(B) (hereinafter “instant loan”) B guaranteed the Plaintiff’s indemnity obligation to the Jinjin Industry under the said credit guarantee agreement. (2) The financial aggravation of the Jinjin Industry and the overdue interest overdue industry did not pay the interest on the instant loan due to the aggravation of financial standing around October 2014, and lost the benefit of December 12, 2014.

3) On March 17, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 229,44,194 (principal KRW 25 million interest at KRW 4,444,194) (the principal). (B) On February 7, 2014, the Defendant made a provisional registration against the Defendant to lend KRW 30 million to the Incheon Industries and B, and transferred KRW 29,100,000,000 to the company bank account (053-082406-04-011) of the having industry, which deducted interest from KRW 30,000,000,000,000 to KRW 30,000,000.

2) Following the aggravation of the financial standing of the Jincheon Industry, the Defendant demanded the Jincheon Industry and B to take measures to preserve claims. B on November 26, 2014, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) in order to secure the above loan claims.

(C) On November 26, 2014, B entered into a pre-sale agreement with the Defendant on November 27, 2014, and established a provisional registration of the right to claim ownership transfer as the receipt of No. 12567 on November 27, 2014. (c) B owned each of the instant real estate as active property at the time of November 26, 2014, and the aggregate value of each of the instant real estate was 27,02.

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