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(영문) 서울중앙지방법원 2016.02.05 2014가단5328176
구상금등
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: KRW 93,364,462 and KRW 92,295,912 in duplicate:

B. Defendant B and C are above.

Reasons

1. The following facts are acknowledged based on the following facts: (a) there is no dispute between the Plaintiff, the Defendant A Co., Ltd. (hereinafter “Defendant Company”), and the Defendant C and D; (b) as a result of the market price appraisal commission of the appraisal office of the attitude of this court; and (c) the result of this court’s order to submit financial transaction information to the Bank, the U.S. Trade Union, and the Cheongju Agricultural Co., Ltd.; and (d) the purport of the entire pleadings.

A. On June 28, 2013 at the request of the Defendant Company, the Plaintiff entered into a credit guarantee agreement with the Defendant Company as to the obligation to be borne by the Defendant Company with the principal of the credit guarantee principal at KRW 90 million. On the same day, the Plaintiff issued a credit guarantee agreement with the Bank on June 27, 2014, with each of the credit guarantee principal at KRW 90,000,000,000,000,000 in the guarantee principal, individual guarantee method, and general loan for corporate driving. Defendant B and C jointly guaranteed each of the credit guarantee principal to be borne by the Defendant Company to the Plaintiff according to the said credit guarantee agreement.

B. The Defendant Company borrowed KRW 100 million from the Bank on June 28, 2013. However, on June 28, 2014, the credit guarantee accident occurred due to loss of the benefit of time on June 28, 2014. On May 9, 2014, the Plaintiff subrogated to the Bank the principal and interest of the guaranteed debt amounting to KRW 92,295,912, and paid KRW 643,210 as substitute payment, and the guarantee fee to be additionally borne by the Defendant Company is KRW 425,340.

C. Meanwhile, on January 11, 2014, Defendant B completed the registration of the establishment of the instant real estate owned by Defendant D with the maximum debt amount of KRW 200 million and KRW 379,117,000 on the instant real estate owned by Defendant B. However, the value of the instant real estate was equivalent to KRW 379,117,00, and Defendant B’s debt was equivalent to KRW 62 million in our bank, KRW 47,500,000 in U.S. Credit Union, and KRW 15,500,000 in total to the Plaintiff.

2. According to the above facts of recognition as to the claims against Defendant Company B, and C, the Plaintiff shall be subject to the judgment.

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