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(영문) 서울중앙지방법원 2018.12.18 2018가단5097173
구상금 등 청구의 소
Text

1. Defendant A and B jointly and severally filed against the Plaintiff KRW 86,808,156 and KRW 86,210,026 among them.

Reasons

1. Basic facts

A. On May 30, 2017, the Plaintiff is a credit guarantee agreement and loan 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(1) A credit guarantee agreement between the principal and the guaranteed principal amounting to KRW 85,00,00,000 and the term of guarantee until May 30, 2018 (hereinafter “instant credit guarantee agreement”).

(1) Defendant A provided a credit guarantee certificate issued by the Plaintiff as security and received a loan of KRW 100,000,000 from the Korea CTR Bank on June 2, 2017 (hereinafter “instant loan”).

2) The instant credit guarantee agreement provides that when the Plaintiff performed the guaranteed obligation, Defendant A shall reimburse all the incidental obligations, such as the amount paid by the Plaintiff for performance of the guaranteed obligation, damages for delay based on the rate of damages determined by the Plaintiff from the date of payment of the amount of subrogation to the date of full payment of the amount of the guaranteed obligation, and the legal procedure costs incurred by the Plaintiff in order to enforce

3) On May 30, 2017, Defendant A provided a joint and several surety for Defendant A’s obligation under the instant credit guarantee agreement. (b) A’s occurrence of a credit guarantee accident and subrogation 1) the occurrence of a credit guarantee accident and the occurrence of a credit guarantee accident in which Defendant A lost the benefit of time on December 30, 2017 due to delayed payment of interest from December 1, 2017; and the Plaintiff subrogated for KRW 86,210,026 of the principal and interest of the instant loan to the Korea CTR Bank on April 24, 2018 pursuant to the instant credit guarantee agreement.

2) Of the legal procedure costs incurred by the Plaintiff for preserving the claim for indemnity, the outstanding amount is KRW 598,130, and the interest rate for delay determined by the Plaintiff is 10% per annum from the date of payment by the Plaintiff to the date of payment by subrogation. C. Defendant B’s act of disposal of property in Defendant B is the real estate attached to Defendant C (hereinafter “instant real estate”).

(2) On March 17, 2015, the establishment registration of a mortgage (hereinafter “instant mortgage”) was based on a contract establishing a mortgage on November 29, 2017, Seoul Eastern District Court (Seoul Eastern District Court Decision 203032, Nov. 29, 2017, and became the grounds for registration.

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