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(영문) 부산지방법원 2017.07.13 2015가단237188
구상금
Text

1. Defendants A, B, and C are jointly and severally liable to the Plaintiff for KRW 291,269,554 and KRW 291,269,358 among them.

Reasons

1. Facts of recognition;

A. On September 27, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with Defendant A and Defendant C on the credit guarantee principal of which was 289,00,000,000 and the credit guarantee period from September 27, 2012 to September 26, 2013 under the joint and several guarantee agreement with Defendant A, and issued the same credit guarantee certificate to Defendant A in accordance with the instant agreement. The Defendant A obtained a loan of KRW 289,00,000 from the Industrial Bank of Korea as security (hereinafter “instant loan”).

B. According to the agreement of this case, when the plaintiff performed the guaranteed obligation, the debtor is obliged to pay the amount of the performance of the guaranteed obligation, damages at the interest rate as determined by the plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and penalty

C. On July 9, 2013, the Plaintiff was notified by the Industrial Bank of Korea that Defendant A caused a credit guarantee accident due to natural substances on June 6, 2013. On July 26, 2013, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 291,867,948 (i.e., principal interest amounting to KRW 289,00,000,000).

After that, the plaintiff collected 598,590 won from the defendant A to appropriate it to the principal of subrogation, and the amount of loss for final delay on the principal of subrogation extinguished after being appropriated is 196 won.

E. Defendant D entered into a sales contract with E and F on October 1, 2008 by setting the purchase price of an apartment as KRW 140,000,000 with regard to the apartment as indicated in the separate sheet (hereinafter “instant apartment”), and completed the registration of ownership transfer on December 5, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Defendant A, B, and stock company

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