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(영문) 서울중앙지방법원 2017.07.20 2016가단5014235

구상금

Text

1. The Plaintiff:

A. Defendant A’s KRW 64,362,564 as well as KRW 8% per annum from September 26, 2015 to November 2, 2016.

Reasons

1. Facts of recognition;

A. On August 1, 2014, Defendant A entered into a credit guarantee agreement with the Plaintiff on the instant credit guarantee agreement and the instant loan (i) on August 1, 2014, setting the guarantee amount of KRW 90 million, and the guarantee term on August 1, 2016 (hereinafter “the instant credit guarantee agreement”). The credit guarantee agreement issued under the instant credit guarantee agreement was obtained from Han Bank a loan of KRW 100 million for the National Housing Fund of KRW 100 million (hereinafter “instant loan”).

(2) On July 14, 2015, Defendant A caused a credit guarantee accident that would lose the benefit of the term for the instant loan, and one bank claimed against the Plaintiff for the performance of the guarantee liability based on the instant credit guarantee. On September 25, 2015, the Plaintiff paid KRW 64,526,554, including the principal and interest of the instant loan, to one bank.

On September 25, 2015, the Plaintiff recovered KRW 163,990 from Defendant A and appropriated it as part of the amount of subrogated payment.

(3) Under the instant credit guarantee agreement, the rate of delayed damage to be paid by Defendant A to the Plaintiff pursuant to the indemnity agreement is 8% per annum from September 26, 2015 until then.

B. Defendant A, B, and C concluded a false lease contract in collusion with Defendant A, B, and C on the following grounds: (a) concluded a false lease contract; (b) Defendant A would obtain the loan from a financial institution; and (c) concluded a false lease contract with Defendant D’s spouse, as if Defendant A leased Defendant D’s 201 Dong-si E building 405 (hereinafter “instant apartment”).

(2) Accordingly, Defendant B, on July 14, 2014, moved Defendant D to F real estate brokerage office located in Ischeon-si, and Defendant D, upon receipt of his seal and identification card, shall be assigned to the real estate broker, with the lease deposit amounting to KRW 140 million and the lease term period from August 1, 2014 to August 1, 2016.