beta
(영문) 부산지방법원 2016.01.21 2015가단212134

구상금

Text

1. As to KRW 51,177,155 and KRW 50,685,726 among the Plaintiff, Defendant A shall be from April 6, 2015 to April 20, 2015.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff, such as a guarantee agreement between the Plaintiff and the Defendant A, entered into a credit guarantee agreement with respect to the obligation to repay the principal and interest of loan to be borne by Defendant A in receiving a loan from a national bank according to the request of Defendant A, and Defendant A was granted a loan from the national bank on June 10, 2013 pursuant to the said credit guarantee agreement.

On June 4, 2015, June 2015, 2015, the guaranteed payment period of KRW 50,000,000 for the loan extended by the guarantee date, Defendant A delayed payment of the above loan interest from around December 2014. On February 6, 2015, the Plaintiff received notification from a national bank on the ground of defectiveness, such as the above loan interest in arrears, from the national bank and received notification on April 6, 2015, and subrogated the National Bank to KRW 50,685,726 [the principal amount = KRW 50,00,000 for interest 685,726];

(3) According to the instant credit guarantee agreement, when the Plaintiff fulfilled its guaranteed obligation, the Plaintiff was paid damages for delay equivalent to 12% per annum from the Defendant from the date of performance to the date of full payment, and the legal procedure costs to be paid by Defendant A to the Plaintiff are KRW 491,429.

B. As to each of the instant real estate on September 30, 2014, Defendant A completed the registration of creation of a mortgage (each maximum debt amount: 20 million won; the debtor, the mortgagee, and the mortgagee: B; hereinafter “each of the instant mortgage contracts”) on the grounds of the Busan District Court’s Busan District Court’s registration office on October 1, 2014, which was received on October 1, 2014.

(hereinafter referred to as “the establishment registration of each of the instant establishments”). 【The grounds for recognition ] The fact that there is no dispute, and entries in Gap evidence 1 through 8.

2. Determination

A. Comprehensively taking account of the above facts acknowledged as to the claim against Defendant A, Defendant A is obligated to pay the same money as the written order to the Plaintiff.

B. It is recognized that there is no dispute between the parties to the judgment on the claim against the defendant B, or that the entries in the evidence Nos. 1 through 4 are added to the purport of the entire pleadings.