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(영문) 서울중앙지방법원 2017.12.19 2016가단5261741
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 109,50,968 and KRW 108,827,408 among them.

Reasons

1. Facts of recognition;

A. 1) On August 4, 2015, the Plaintiff entered into a credit guarantee agreement, etc., the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) According to the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Defendant Company and the B entered into a credit guarantee agreement with the Defendant Company to set the principal of the guaranteed principal at KRW 108,00,000,000, and the Defendant Company and the B jointly and severally guaranteed the Defendant Company’s obligation under the above credit guarantee agreement. The Defendant Company and B jointly and severally set the above amount, damages and delay damages in accordance with the rate determined by the Plaintiff, the guarantee fee payment on the guaranteed principal, the additional guarantee fee at the rate calculated by adding the rate of 5/1,00 per annum to the rate of 5/1,00,000 per annum from the day following the date of payment of the guarantee fee on the guaranteed principal, and the legal procedure expenses incurred by the Plaintiff for executing or preserving the right by performing the guaranteed obligation. The Plaintiff set the rate

3) The Defendant Company received a credit guarantee from the Plaintiff under the said credit guarantee agreement, and received a loan of KRW 120,00,000 from the said bank on August 4, 2015. (4) The Defendant Company lost the benefit of the said loan due to the delayed payment of the principal on August 3, 2016. Accordingly, the Plaintiff subrogated to the Bank of Korea for the said loan amounting to KRW 108,827,408 (= Principal amounting to KRW 108,00,000) pursuant to the said credit guarantee agreement on October 20, 2016.

5) The additional guarantee fee under the aforementioned credit guarantee agreement is KRW 184,630, and the Plaintiff spent KRW 488,930 with the legal procedure cost. (b) On January 18, 2016, Defendant B sold each of the instant real estate, which is the only property of Defendant B, to Defendant C, at KRW 51,00,000 (hereinafter “instant sales contract”), and Defendant C sold the said real estate on March 7, 2016.

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