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(영문) 서울중앙지방법원 2016.01.15 2014가합575561
구상금 등 청구의 소
Text

1. Defendant A Co., Ltd. and B jointly and severally against the Plaintiff KRW 1,079,352,415 and KRW 1,071,619,527 among them.

Reasons

1. Basic facts

A. A. A. A. (hereinafter “A”) around November 10, 2013, the Plaintiff entered into a credit guarantee insurance agreement and payment of insurance proceeds.

between the above defendant and the Industrial Bank of Korea (hereinafter referred to as the "Industrial Bank").

(3) In the event that a credit transaction agreement is entered into by a credit guarantee agreement, the credit guarantee limit of KRW 1.49 billion is 1.6 billion (hereinafter referred to as the “instant credit guarantee agreement”).

(2) On November 12, 2013, Defendant A received a loan of KRW 1.76 billion from an enterprise bank as a security of the instant credit guarantee agreement, and on June 5, 2014, the credit guarantee accident occurred due to the suspension of current account transactions.

3) On June 27, 2014, the Plaintiff repaid the principal and interest of loan KRW 1,076,938,217 to a corporate bank. On the same day, the Plaintiff recovered KRW 5,318,690 from Defendant A. Meanwhile, the Plaintiff spent KRW 7,731,140 as expenses for preserving the claim for indemnity arising from the said subrogation. The agreed delay damages rate for the said subrogation is KRW 12% per year, and the agreed delay damages amounting to KRW 5,318,690 on June 27, 2014 are KRW 1,738. (B) Defendant B concluded a sales contract with Defendant D on April 30, 2014 with respect to real estate listed in attached Table 1 through (3) (hereinafter “real estate of this case”).

2) On May 7, 2014, Defendant B entered into a sales contract with three parties, including Defendant Mailing & C, for the instant Pyeongtaek real estate owned by himself, KRW 6.6 billion, and sales shares, KRW 38/100, and KRW 24/100 of each of the Defendant C’s sales contract (hereinafter “the second sales contract”), and the first sales contract.

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