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(영문) 대구지방법원 2015.06.03 2014나304397
구상금 등 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. A (hereinafter “A”) is a company established for the purpose of window-sale, installation work, etc., and B is a representative director of A.

B. In obtaining a general loan of KRW 40 million from the Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”), the Plaintiff provided a credit guarantee on October 11, 2006, setting the guarantee amount of KRW 34 million, and the guarantee term on October 10, 2007. The said credit guarantee term was changed to KRW 18.7 million, and the guarantee term was changed to October 4, 2013.

C. A received a corporate general loan of KRW 80 million from a national bank (hereinafter “national bank”), the Plaintiff provided a credit guarantee on February 25, 201 with the amount guaranteed as KRW 64 million, and February 24, 201 with the guarantee term fixed on February 25, 201. The said credit guarantee term changed in sequence to February 22, 2013.

B Under the above credit guarantee agreement (hereinafter referred to as the "each credit guarantee agreement of this case"), A has jointly and severally guaranteed all obligations that A owes to the Plaintiff.

E. On January 4, 2013 and March 8, 2013, a guarantee accident under each of the credit guarantee agreements of this case occurred to a national bank or Daegu bank, as a guardian who has lost the benefit of loans, due to the natural environment of this case on January 4, 2013, and on March 8, 2013. Accordingly, the Plaintiff subrogated 18,870,646 won to the Daegu Bank on March 26, 2013.

F. In order to preserve the claim related to each credit guarantee agreement of this case, the Plaintiff paid the legal procedure expenses such as provisional attachment of the property A, etc., and incurred KRW 1,150,529, and the attempted penalty 75,740.

G. The rate of damages under each credit guarantee agreement of this case is 12% per annum.

H. As to the real estate set forth in the separate list No. 1, B and Defendant D, on July 19, 2012, set forth the amount of KRW 90 million as the mortgagee D and the maximum debt amount, and set forth below the conclusion of the mortgage contract.

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