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(영문) 서울중앙지방법원 2016.04.14 2015가합529176
구상금 등 청구의소
Text

1.(a)

On February 6, 2015, between A and Defendant Mechanical Construction Mutual Aid Association, concerning each real estate listed in the attached Table 1 list.

Reasons

1. Basic facts

A. The Plaintiff, including a credit guarantee agreement, entered into a credit guarantee agreement with the non-party corporation B (hereinafter “non-party company”), as indicated below (hereinafter “each credit guarantee agreement of this case”). A, the representative director of the non-party company, jointly and severally guaranteed the liability for indemnity that the non-party company bears to the Plaintiff pursuant to each credit guarantee agreement of this case.

The non-party company received a loan from a corporate bank (hereinafter “corporate bank”) as a collateral with a credit guarantee certificate issued by the Plaintiff in accordance with the respective credit guarantee agreements of this case as follows.

The credit guarantee term of KRW 1,32,80,000,000 for the credit guarantee amount of KRW 1,332,80,000,00 on September 23, 2014, the date of credit guarantee agreement for No. 1 credit guarantee under Article 2, as of May 30, 2014, from May 30, 2014 to May 29, 2015, shall be from September 23, 2014 until September 22, 2015.

B. On February 5, 2015, the occurrence of a credit guarantee accident and the occurrence of a guarantee accident by delinquency in paying the principal and interest of the company subrogated, and the company filed a claim for the performance of the guaranteed obligation against the Plaintiff. On April 17, 2015, the Plaintiff subrogated to the company bank KRW 2,201,268,67 on behalf of the Plaintiff, and the Plaintiff recovered KRW 7,80,110, and appropriated KRW 4,001,510 remaining after appropriating it for substitute payment.

The amount of subrogation remaining after the payment is KRW 2,197,267,167 (2,201,268,677-4,01,510), and the amount of finalized damages is KRW 1,315.

C. A’s act of disposing of property 1) A on February 6, 2015, Defendant Mechanical Equipment Construction Mutual Aid Association (hereinafter “Defendant Mechanical Equipment Construction Mutual Aid Association”).

(1) Each real estate listed in the separate sheet No. 1 (hereinafter referred to as “each real estate of this case”) and the separate sheet No. 1

2) As to the establishment of the right to collateral security with a maximum claim amount of KRW 2.9 billion (hereinafter “the right to collateral security”).

After the conclusion of the contract, the registration of the establishment of a neighboring mortgage (hereinafter referred to as the "registration of establishment") to the Defendant Mutual Aid Association as listed in the table below.

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