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Reasons
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(영문) 서울고등법원 2015.05.20 2014나2016201
구상금 등
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1. Upon a claim for change in exchange at the trial, the Defendant:

(a) the real estate listed in the separate sheet;

Reasons

1. Basic facts

A. A. Credit Guarantee Fund’s claim for reimbursement against B (1) The Credit Guarantee Fund is a joint defendant A. (hereinafter “A”) at the first instance trial on May 19, 2010.

A) Between the Credit Guarantee Fund and A, the Korea C&T Bank (hereinafter “Korea C&T Bank”);

(B) The term of guarantee extended on May 18, 201 to May 16, 2011 ( thereafter, the term of guarantee extended on May 16, 2012) by 255,000,000 won in the amount guaranteed for the debt of the loan, and the term of guarantee extended on May 16, 201.

(i) a credit guarantee agreement with terms and conditions specified and guaranteed (hereinafter referred to as the “credit guarantee agreement of this case”).

(2) On May 19, 2010, the Co-Defendant B of the first instance trial concluded a credit guarantee agreement, and the Co-Defendant B of the first instance jointly and severally guaranteed all obligations owed by A under the credit guarantee agreement of this case to the Korea Credit Guarantee Fund. (300,000,000,000, as a general loan on the security of the credit guarantee agreement of this case.

3) However, A had credit management information registered on October 9, 2012 due to business deterioration following the progress of sales. Accordingly, A lost the benefit of the term of the above loan to the Korea Cmat Bank. The Korea Credit Guarantee Fund, as a result of the performance of the guaranteed obligation under the credit guarantee agreement of this case, on November 13, 2012, subrogated to the Korea Cmat Bank for KRW 231,598,321 (interest of KRW 229,50,000 on the principal and interest of KRW 2,851,09,321) and appropriated the principal by subrogation for collecting KRW 1,207,81,090 on the same day after it subrogated to the Korea Cmat Bank for the performance of the guaranteed obligation under the credit guarantee agreement of this case. Moreover, the Korea Credit Guarantee Fund collected KRW 1,205,813,000 on the principal and interest of KRW 1,205,81,297,3197,2817,27,297

B. On the one hand, B and B are pre-sale and provisional registration between B and the Defendant, and B on December 21, 201, 1/4.

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