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(영문) 서울중앙지방법원 2016.12.23 2015가합580072
구상금 등
Text

1. Of the distribution schedule prepared on October 4, 2016 by the above court with respect to the Seoul Central District Court C real estate auction case.

Reasons

1. Facts of recognition;

A. The instant credit guarantee agreement and A’s joint and several guarantee 1) The Credit Guarantee Fund shall be D Co., Ltd. (hereinafter “D”) on April 21, 2010.

(i) Han Bank Co., Ltd. (hereinafter referred to as “ Han Bank”);

(2) In obtaining a loan from D, the credit guarantee agreement between D and D (hereinafter referred to as the “instant credit guarantee agreement”) shall be as follows:

(1) The term “credit guarantee principal” and the term of guarantee under the credit guarantee agreement of this case was finally changed as indicated below. The term of guarantee principal and the term of guarantee under the credit guarantee agreement of this case was finally changed as stated below. The term of guarantee principal and the term of guarantee was 850,000,000 won (finally changed to 720,000,000 won) on April 19, 2012 (finally changed to 15, 2016) Han Bank/1,000,000,000 won (finally changed to 15, 2016) are to be paid by the Credit Guarantee Fund to the Credit Guarantee Fund at the interest rate of subrogation and 12% per annum as determined by the Credit Guarantee Fund, compensation for damages incurred by subrogation and the exercise of rights and obligations under the credit guarantee agreement of this case.

3) At the time of the conclusion of the instant credit guarantee agreement, A, a representative director of D, has jointly and severally guaranteed all obligations owed by D to the Credit Guarantee Fund under the said credit guarantee agreement. B. The occurrence of a credit guarantee accident and the subrogation by the Credit Guarantee Fund (1) D applied for rehabilitation on April 30, 2015 as Seoul Central District Court 2015 Gohap10107, thereby causing a credit guarantee accident concerning the said loan.

2) On June 29, 2015, the Credit Guarantee Fund subrogated for KRW 719,639,678 under the instant credit guarantee agreement. Of them, KRW 10,895,730 recovered from D was appropriated for the principal of the said subrogation and the balance of the principal of the said subrogation is KRW 708,743,948 (=719,639).

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